ISCR Case 02-03501.h1

Case Headnote

ISCR Case No. 02-03501.h1

deniedMar 25, 2004· Hon. Joan Caton Anthony· hearing

Summary

A 32-year-old administrative assistant with a secret-level security clearance was denied a security clearance under Guideline E (Personal Conduct) due to deliberate falsifications on her security clearance application and employment records. The judge determined her conduct demonstrated a lack of candor, questionable judgment, and unreliability, raising significant security concerns.

Specifically, the applicant failed to disclose a 1994 arrest for criminal trespass and a March 1998 driving under the influence conviction, which resulted in court-ordered alcohol-related treatment. She also falsified her employment application by listing an employer for whom she had never worked. Additionally, she admitted to defaulting on a student loan, leading to wage garnishment.

The denial was based on the applicant's deliberate falsification of her security clearance application by omitting arrests and convictions. The judge concluded that her conduct demonstrated a lack of candor and questionable judgment, indicating untrustworthiness, and that she did not make prompt good-faith efforts to correct her falsifications.

Why the Applicant Was Denied

Applicant deliberately falsified her security clearance application by omitting arrests and convictions.
Applicant's conduct demonstrated a lack of candor and questionable judgment, indicating untrustworthiness.
The judge found that the applicant did not make prompt good-faith efforts to correct her falsifications.

Conditions Referenced

Disqualifying

E2.A5.1.2.2raisedFalsification of Material Facts on a Personal Security Questionnaire
E2.A5.1.2.4raisedConcealment of Information Increasing Vulnerability to Coercion
E2.A5.1.2.5raisedPattern of Dishonesty or Rule Violations

Mitigating

E2.A5.1.3.2rejectedFalsification Was an Isolated IncidentThe judge found the falsifications were not isolated incidents and were recent.
E2.A5.1.3.3rejectedPrompt Good-faith Efforts to Correct FalsificationThe applicant did not make prompt good-faith efforts to correct the falsifications.
E2.A5.1.3.5rejectedPositive Steps to Reduce Vulnerability to CoercionThe applicant did not take positive steps to eliminate vulnerabilities created by her falsifications.

Key Rule Quoted

“When an applicant deliberately omits, conceals, or falsifies material facts on a personal security questionnaire, a resume, or an application for employment, this raises a security concern and may be disqualifying.”
— ISCR Case No. 98-0761 at 3 (Dec. 27, 1999)

Procedural Posture

SOR issuedOct 23, 2002
Answer filedNov 12, 2002Applicant initially requested a record determination.
Hearing heldOct 14, 2003
Decision dateMar 25, 2004

Cite For

Deliberate Falsification of Security Clearance Applications Under Guideline E
Lack of Candor as a Disqualifying Factor for Security Clearance
The Importance of Prompt Correction of Falsifications in Security Clearance Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	In the last 7 years, have you been arrested for, charged with, or convicted of any offenses not listed in modules 21, 22, 23, 24 or 25? (Leave out traffic fines of less than $150 unless the violation was alcohol or drug related.)	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
1.b	In the last 7 years has your use of alcoholic beverages (such as liquor, beer, wine) resulted in any alcohol-related treatment or counseling (such as for alcohol abuse or alcoholism?	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Alcohol	Denied	—	—	—
1.c	Applicant falsified the employment application she submitted to her current employer by listing an employer for whom she had never worked.	Against Applicant	Falsification of Employment or Other RecordsFOUND DELIBERATE	—	Denied	—	—	—
1.d	Applicant admitted she had defaulted on a student loan and her wages had been garnished to repay the debt.	For Applicant	Omission or Failure to DiscloseSELF-CORRECTED	Financial	Admitted	—	(g) association was unwitting, has ceased, or casts no doubt	Documented Debt Paid in Full
1.e	Applicant answered 'no' to Question 20 on the SF-86.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Employment History	Denied	—	—	—
1.f	Applicant did not disclose her attendance at a two-day alcohol-related treatment program ordered by the court after she pled guilty to driving under the influence in March 1998.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Alcohol	Denied	—	—	—
1.g	Applicant did not disclose that she had been arrested in 1994 and charged with criminal trespass in the first degree.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

In the last 7 years, have you been arrested for, charged with, or convicted of any offenses not listed in modules 21, 22, 23, 24 or 25? (Leave out traffic fines of less than $150 unless the violation was alcohol or drug related.)

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

1.b

In the last 7 years has your use of alcoholic beverages (such as liquor, beer, wine) resulted in any alcohol-related treatment or counseling (such as for alcohol abuse or alcoholism?

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Alcohol

Denied

—

1.c

Applicant falsified the employment application she submitted to her current employer by listing an employer for whom she had never worked.

Against Applicant

Falsification of Employment or Other RecordsFOUND DELIBERATE

—

Denied

—

1.d

Applicant admitted she had defaulted on a student loan and her wages had been garnished to repay the debt.

For Applicant

Omission or Failure to DiscloseSELF-CORRECTED

Financial

Admitted

—

(g) association was unwitting, has ceased, or casts no doubt

Documented

Debt Paid in Full

1.e

Applicant answered 'no' to Question 20 on the SF-86.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Employment History

Denied

—

1.f

Applicant did not disclose her attendance at a two-day alcohol-related treatment program ordered by the court after she pled guilty to driving under the influence in March 1998.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Alcohol

Denied

—

1.g

Applicant did not disclose that she had been arrested in 1994 and charged with criminal trespass in the first degree.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES