ISCR Case 02-04529.h1

Case Headnote

ISCR Case No. 02-04529.h1

deniedMay 30, 2003· Hon. Barry M. Sax· hearing

Summary

A 31-year-old defense contractor employee was denied a security clearance due to a history of criminal conduct, including multiple alcohol-related offenses and theft, and for falsifying his security clearance application. The denial was based on Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct).

The applicant's criminal history included an arrest and conviction for Driving While Intoxicated (DWI) on March 28, 1992, resulting in probation, a suspended jail sentence, a fine, license suspension, and mandatory alcohol treatment and AA meetings. On November 5, 1993, he was arrested and convicted of Theft of Property, leading to probation, community service, a fine, a theft diversion program, and restitution. A subsequent arrest on December 23, 1993, for Driving Under the Influence (DUI) and Improper Storage of Open Container resulted in convictions, three years probation, a partially suspended jail sentence, a fine, community service, license suspension, and further alcohol treatment and AA meetings. Finally, on May 1, 1999, the applicant was arrested and convicted of Reckless Driving, Eluding a Police Officer, and Resisting Arrest, receiving probation, jail time, and a fine.

Crucially, the applicant failed to disclose these alcohol-related convictions on his Questionnaire for National Security Positions (SF 86), answering "No" to a question about his police record despite knowing of his convictions. No mitigating evidence was presented to address these significant security concerns, leading the Administrative Judge to conclude that the clearance should be denied.

Why the Applicant Was Denied

The applicant had multiple criminal convictions, including alcohol-related offenses.
The applicant falsified material facts on his security clearance application by omitting prior arrests.
No mitigating evidence was presented to counter the disqualifying conditions.

Conditions Referenced

Disqualifying

J1appliedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged
J2appliedA Single Serious Crime or Multiple Lesser Offenses
G1appliedAlcohol-related Incidents Away From Work, Such as Driving Under the Influence
G4appliedHabitual or Binge Consumption of Alcohol to the Point of Intoxication
E2appliedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire

Key Rule Quoted

“An applicant's admission of the information in specific allegations relieves the Government of having to prove those allegations.”

Procedural Posture

SOR issuedOct 25, 2002
Answer filedNov 27, 2003Applicant elected for a decision on the written record.
Hearing held—No hearing; decision made on the written record.
Decision dateMay 30, 2003

Cite For

Disqualifying Conditions Related to Criminal Conduct Under Guideline J
Disqualifying Conditions Related to Alcohol Use Under Guideline G
Disqualifying Conditions Related to Personal Conduct Under Guideline E

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
3.a	Applicant falsified material facts on his Questionnaire for National Security Positions (SF 86), when he answered "No" to Question 23.b. Your Police Record, when he knew he had been convicted of alcohol-related offenses as alleged in SOR 1.a and 1.c., above	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant falsified material facts on his Questionnaire for National Security Positions (SF 86), when he answered "No" to Question 23.b. Your Police Record, when he knew he had been convicted of alcohol-related offenses as alleged in SOR 1.a and 1.c., above

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant has a history of excessive use of alcohol, as shown by the information in SOR 1.a. and 1.b., above.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant has a history of excessive use of alcohol, as shown by the information in SOR 1.a. and 1.b., above.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested on March 28, 1992, and charged with Driving While Intoxicated (DWI). He was convicted of that offense and placed on one year probation, sentenced to ten days incarceration (suspended), and was fined $1,000 plus court costs. His driver's license was suspended for 120 days, he was ordered to attend an alcohol treatment program, and to attend 12 Alcoholics Anonymous (AA) meetings.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	Applicant was arrested on November 5, 1993 and charged with Theft of Property. He was convicted of that offense, placed on one year probation, ordered to perform 50 hours of community service, and fined $500. He was also ordered to attend a Theft Diversion Program and pay full restitution.	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	Applicant was arrested on December 23, 1993 and charged with Driving Under the Influence (DUI) and Improper Storage of Open Container. He was convicted of both offenses, placed on three years probation, sentenced to 90 days incarceration (all but seven days suspended), fined $2,000, and ordered to perform 150 hours of community service. His driver's license was suspended for one year, and he was ordered to attend an alcohol treatment program and 12 AA meetings.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	Applicant was arrested on May 1, 1999 and charged with Reckless Driving, Eluding a Police Officer, and Resisting Arrest. He was convicted of all three offenses, sentenced to one year probation, 25 days in jail, and fined $500.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested on March 28, 1992, and charged with Driving While Intoxicated (DWI). He was convicted of that offense and placed on one year probation, sentenced to ten days incarceration (suspended), and was fined $1,000 plus court costs. His driver's license was suspended for 120 days, he was ordered to attend an alcohol treatment program, and to attend 12 Alcoholics Anonymous (AA) meetings.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

Applicant was arrested on November 5, 1993 and charged with Theft of Property. He was convicted of that offense, placed on one year probation, ordered to perform 50 hours of community service, and fined $500. He was also ordered to attend a Theft Diversion Program and pay full restitution.

Against Applicant

Theft or Larceny

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

Applicant was arrested on December 23, 1993 and charged with Driving Under the Influence (DUI) and Improper Storage of Open Container. He was convicted of both offenses, placed on three years probation, sentenced to 90 days incarceration (all but seven days suspended), fined $2,000, and ordered to perform 150 hours of community service. His driver's license was suspended for one year, and he was ordered to attend an alcohol treatment program and 12 AA meetings.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.d

Applicant was arrested on May 1, 1999 and charged with Reckless Driving, Eluding a Police Officer, and Resisting Arrest. He was convicted of all three offenses, sentenced to one year probation, 25 days in jail, and fined $500.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

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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