ISCR Case 02-04115.h1

Case Headnote

ISCR Case No. 02-04115.h1

deniedApr 23, 2004· Hon. Wilford H. Ross· hearing

Summary

A 39-year-old Journeyman Technician, employed by a defense contractor, was denied retention of his Secret-level security clearance. The denial was based on Guideline E (Personal Conduct) and Guideline J (Criminal Conduct), stemming from a history of criminal conduct and the falsification of information on his security clearance application.

The applicant's Statement of Reasons detailed several allegations. He falsely stated on a November 23, 1999, DoD questionnaire that he had no alcohol or drug-related charges or convictions. He also incorrectly answered "No" to a question about other offenses within seven years of the questionnaire date, despite having two shoplifting convictions in 1994. Furthermore, while admitting extensive crystal methamphetamine use, he failed to disclose daily marijuana use within seven years of the questionnaire and while holding a security clearance. The judge found his explanations for these falsifications not credible.

Disqualifying conditions under Guideline J (criminal conduct) and Guideline E (personal conduct) were raised, while mitigating conditions related to criminal conduct, alcohol consumption, and drug involvement were considered. Ultimately, the judge determined that the applicant's extensive criminal history, including a 1983 felony burglary conviction, and his intentional falsification of material information on his security clearance application outweighed his claims of rehabilitation. His security clearance was therefore denied.

Why the Applicant Was Denied

The applicant had an extensive criminal history, including a felony conviction for burglary.
The applicant intentionally falsified material information on his security clearance application.

Conditions Referenced

Disqualifying

J1raisedCriminal Conduct
E2raisedPersonal Conduct

Mitigating

J1appliedCriminal ConductThe criminal behavior was not recent.
G3appliedAlcohol ConsumptionPositive changes in behavior supportive of sobriety.
H1appliedDrug InvolvementThe drug involvement was not recent.

Key Rule Quoted

“The Government relies heavily upon the integrity and honesty of clearance holders, and it is a negative factor for security clearance purposes where an Applicant has deliberately provided false information about material aspects of his or her personal background.”

Procedural Posture

SOR issuedNov 15, 2002
Answer filedMar 27, 2003Requested decision without a hearing.
Hearing held—
Decision dateApr 23, 2004

Cite For

Denial Based on Extensive Criminal History Under Guideline J
Falsification of Security Clearance Application Under Guideline E
Consideration of Rehabilitation Efforts in the Context of Past Criminal Conduct

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
4.a	On November 23, 1999, the Applicant completed an official DoD questionnaire in which he stated that he had never been charged or convicted of any offenses related to alcohol or drugs. This statement was a false answer to a material question pertaining to the Applicant's alcohol related criminal history.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official	—	—
4.b	Question 26 of Government Exhibit 13 requires the Applicant to state whether, within seven years of the date of the questionnaire (November 23, 1999) the Applicant had been charged with, or convicted of offenses not otherwise covered by other questions in the Security Clearance Application. The Applicant stated 'No' to this question. This answer was false since the Applicant had two shoplifting convictions in 1994.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official	—	—
4.c	The Applicant admitted his extensive use of crystal methamphetamine on questions 27 and 28 of Government Exhibit 13. However, the Applicant did not admit that he used marijuana on a daily basis within seven years of the questionnaire completion date (question 27). He further did not admit that he was using marijuana while holding a security clearance (question 28).	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(b) deliberately providing false information to an investigator or official	—	—
4.d	The Applicant's explanations for the falsifications described in subparagraphs 4.a. and 4.b. were deemed not credible by the judge.	Against Applicant	Lack of Candor in Interview	—	Denied	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

On November 23, 1999, the Applicant completed an official DoD questionnaire in which he stated that he had never been charged or convicted of any offenses related to alcohol or drugs. This statement was a false answer to a material question pertaining to the Applicant's alcohol related criminal history.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(b) deliberately providing false information to an investigator or official

—

4.b

Question 26 of Government Exhibit 13 requires the Applicant to state whether, within seven years of the date of the questionnaire (November 23, 1999) the Applicant had been charged with, or convicted of offenses not otherwise covered by other questions in the Security Clearance Application. The Applicant stated 'No' to this question. This answer was false since the Applicant had two shoplifting convictions in 1994.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(b) deliberately providing false information to an investigator or official

—

4.c

The Applicant admitted his extensive use of crystal methamphetamine on questions 27 and 28 of Government Exhibit 13. However, the Applicant did not admit that he used marijuana on a daily basis within seven years of the questionnaire completion date (question 27). He further did not admit that he was using marijuana while holding a security clearance (question 28).

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

(b) deliberately providing false information to an investigator or official

—

4.d

The Applicant's explanations for the falsifications described in subparagraphs 4.a. and 4.b. were deemed not credible by the judge.

Against Applicant

Lack of Candor in Interview

—

Denied

(b) deliberately providing false information to an investigator or official

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a–4.d	27 sub-charges — specific text not stated in this decision (4 against, 23 for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a–4.d

27 sub-charges — specific text not stated in this decision (4 against, 23 for the applicant).

Mixed

—

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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