ISCR Case 02-27240.h1

Case Headnote

ISCR Case No. 02-27240.h1

deniedOct 30, 2003· Hon. Joan Caton Anthony· hearing

Summary

A 25-year-old computer network administrator was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had a history of criminal behavior, including multiple arrests for driving under the influence of alcohol in 1997. In the same year, he was convicted of a felony for leaving the scene of an accident involving personal injury or death, resulting in a three-year prison sentence.

Further issues arose when a bench warrant was issued in October 1998 for failure to comply with his suspended sentence terms. In September 2000, the court revoked the suspension, ordering him to serve the unserved portion of his sentence. Additionally, in March 2001, he faced charges for two counts of failure to appear on a misdemeanor.

A significant factor in the denial was the applicant's failure to fully and accurately report his criminal history on his security clearance application, demonstrating a lack of candor. Although he had shown responsible behavior since his prison time, the felony conviction for leaving the scene of an accident, his history of offenses, and the falsification of his application ultimately led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a felony conviction for leaving the scene of an accident, which precludes clearance under 10 U.S.C. § 986.
The applicant's history of multiple arrests for DUI and other offenses raised significant concerns about his judgment and reliability.
The applicant's falsification of his security clearance application demonstrated a lack of candor and trustworthiness.

Conditions Referenced

Disqualifying

J.araisedCriminal Conduct
J.braisedCriminal Conduct
J.craisedCriminal Conduct
E2.A5.1.2.2raisedPersonal Conduct
E2.A5.1.2.4raisedPersonal Conduct

Mitigating

J.arejectedCriminal ConductSome conduct was not recent, but it was part of a pattern of behavior.
J.brejectedCriminal ConductThe applicant's criminal behavior was not isolated.
J.frejectedCriminal ConductInsufficient evidence of rehabilitation.

Key Rule Quoted

“[No] one has a 'right' to a security clearance.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedNov 7, 2002
Answer filedDec 10, 2002
Hearing heldJun 19, 2003record left open for 10 days for additional evidence
Decision dateOct 30, 2003

Cite For

Disqualifying Conditions Under Guideline J Due to Felony Convictions
Impact of Falsification on Security Clearance Eligibility Under Guideline E
Application of 10 U.S.C. § 986 Regarding Criminal Conduct and Security Clearance

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
2.a–2.d	4 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.d

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

Against Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The applicant has a history of multiple arrests for criminal behavior deriving primarily from driving under the influence of alcohol.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—
1.b	In 1997, he was found guilty of leaving the scene of an accident involving personal injury or death, a felony for which he received a prison sentence of three years.	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 (c) currently on parole or probation	—	—
1.c	He was arrested three times for driving under the influence of alcohol in 1997.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—
1.d	In October 1998, a bench warrant for his arrest was issued for failure to comply with the terms of his suspended sentence.	Against Applicant	Probation or Court Order Violation	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—
1.e	In September 2000, the court revoked the suspension of Applicant's sentence, ordered him to serve the unserved portion of his sentence in jail.	Against Applicant	Probation or Court Order Violation	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—
1.f	In March 2001, Applicant was charged with two counts of failure to appear on a misdemeanor charge.	Against Applicant	Probation or Court Order Violation	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—
1.g	He failed to report his criminal history fully and accurately on his security clearance application.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—
1.h	Since serving time in prison, Applicant has demonstrated responsible behavior in the recent past.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The applicant has a history of multiple arrests for criminal behavior deriving primarily from driving under the influence of alcohol.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

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

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

(c) currently on parole or probation

—

1.b

In 1997, he was found guilty of leaving the scene of an accident involving personal injury or death, a felony for which he received a prison sentence of three years.

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

(c) currently on parole or probation

—

1.c

He was arrested three times for driving under the influence of alcohol in 1997.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

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

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

(c) currently on parole or probation

—

1.d

In October 1998, a bench warrant for his arrest was issued for failure to comply with the terms of his suspended sentence.

Against Applicant

Probation or Court Order Violation

Conduct No Charge

Admitted

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

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

(c) currently on parole or probation

—

1.e

In September 2000, the court revoked the suspension of Applicant's sentence, ordered him to serve the unserved portion of his sentence in jail.

Against Applicant

Probation or Court Order Violation

Conduct No Charge

Admitted

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

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

(c) currently on parole or probation

—

1.f

In March 2001, Applicant was charged with two counts of failure to appear on a misdemeanor charge.

Against Applicant

Probation or Court Order Violation

Conduct No Charge

Denied

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

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

(c) currently on parole or probation

—

1.g

He failed to report his criminal history fully and accurately on his security clearance application.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Admitted

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

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

(c) currently on parole or probation

—

1.h

Since serving time in prison, Applicant has demonstrated responsible behavior in the recent past.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

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