ISCR Case 02-21087.h1

Case Headnote

ISCR Case No. 02-21087.h1

deniedMay 27, 2005· Hon. James A. Young· hearing

Summary

A 35-year-old vehicle dispatcher for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant admitted to an arrest in December 1997 for family violence—assault, during which he had been drinking alcohol. He also acknowledged continuing to consume two or three beers daily.

The Statement of Reasons detailed several allegations, including the applicant's discharge from court-ordered mental health counseling due to six unexcused absences. Furthermore, the applicant falsified his security clearance application by failing to disclose both his family violence arrest and his alcohol-related treatment or counseling.

Despite the presence of some mitigating factors related to the criminal conduct and alcohol use, the denial was ultimately based on the applicant's failure to complete the court-ordered substance abuse program and his deliberate falsification of material facts on his security clearance application.

Why the Applicant Was Denied

The applicant was discharged from a court-ordered substance abuse program due to unexcused absences.
The applicant deliberately falsified material facts on his security clearance application regarding his arrest and alcohol-related treatment.

Conditions Referenced

Disqualifying

E2.A5.1.2.1raisedConduct Involving Questionable Judgment, Untrustworthiness, Unreliability, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
E2.A5.1.2.2raisedDeliberate Omission of Relevant and Material Facts From Any SCA

Mitigating

E2.A5.1.3.2rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Subsequently Provided Correct Information VoluntarilyThe applicant made two separate and distinct falsifications on the same SCA.
E2.A7.1.3.1appliedNo Pattern of Alcohol-related Incidents
E2.A7.1.3.2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
E2.A10.1.3.1appliedThe Offense Was an Isolated Incident
E2.A10.1.3.2appliedThe Arrest Is Not Recent

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedNov 10, 2003
Answer filedDec 23, 2003Applicant did not initially request a hearing.
Hearing heldN/AApplicant opted for a decision without a hearing.
Decision dateMay 27, 2005

Cite For

Denial Based on Falsification of Security Clearance Application
Impact of Unexcused Absences From Court-ordered Programs on Security Clearance
Consideration of Past Criminal Conduct and Alcohol Use in Security Clearance Determinations

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 was discharged from mental health counseling because he had six unexcused absences	Against Applicant	Rules Violation at Workplace	—	Denied	—	—	—
3.b	Applicant falsified material facts on his SCA by failing to list his arrest for family violence as an "other" offense	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(b) deliberately providing false information to an investigator or official	—	—
3.c	Applicant falsified material facts on his SCA by failing to list his alcohol-related treatment or counseling	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(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 was discharged from mental health counseling because he had six unexcused absences

Against Applicant

Rules Violation at Workplace

—

Denied

—

3.b

Applicant falsified material facts on his SCA by failing to list his arrest for family violence as an "other" offense

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

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

—

3.c

Applicant falsified material facts on his SCA by failing to list his alcohol-related treatment or counseling

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant admitted he had been drinking alcohol before his arrest for family violence	For Applicant	Unspecified Alcohol Incident	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
2.b	Applicant continues to consume two or three beers a day	For Applicant	Unspecified Alcohol Incident	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant admitted he had been drinking alcohol before his arrest for family violence

For Applicant

Unspecified Alcohol Incident

Admitted

—

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

2.b

Applicant continues to consume two or three beers a day

For Applicant

Unspecified Alcohol Incident

Admitted

—

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In the SOR, DOHA alleged Applicant was arrested in December 1997 for family violence--assault (¶ 1.a). Applicant admitted the allegation.	For Applicant	Assault or Battery	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In the SOR, DOHA alleged Applicant was arrested in December 1997 for family violence--assault (¶ 1.a). Applicant admitted the allegation.

For Applicant

Assault or Battery

Conduct No Charge

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

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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

APPEARANCES