ISCR Case 02-28835.h1

Case Headnote

ISCR Case No. 02-28835.h1

deniedMay 4, 2005· Hon. Claude R. Heiny II· hearing

Summary

A 31-year-old welder was denied a security clearance due to concerns under Guideline A (Allegiance), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The denial stemmed from a history of alcohol-related offenses, including multiple DUI convictions in 1992, 1995, and 2001, and several instances of driving with a suspended license in 1994 and 2001. These actions indicated a pattern of excessive alcohol consumption, impaired judgment, and a disregard for legal obligations, including court orders to abstain from alcohol and the payment of related fines.

Further concerns arose from the applicant's personal conduct. He provided false information on his security clearance application (SF-86) by failing to disclose multiple arrests and outstanding warrants. Additionally, he provided false information during a sworn statement given to the Defense Security Service regarding his criminal history. This pattern of dishonesty raised significant doubts about his trustworthiness and reliability.

The judge determined that the applicant failed to present sufficient evidence to mitigate these security concerns, specifically regarding rehabilitation or positive behavioral changes. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant had multiple DUI convictions and a history of driving with a suspended license.
He provided false information on his SF 86 and in a sworn statement, failing to disclose outstanding warrants and additional arrests.
The applicant did not demonstrate sufficient evidence of rehabilitation or positive behavior changes.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence, Fighting, Child or Spouse Abuse, or Other Criminal Incidents Related to Alcohol Use
E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
E2.A5.1.2raisedDeliberate Omission, Concealment, or Falsification of a Material Fact in Any Written Document or Oral Statement to the Government

Key Rule Quoted

“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
— Directive ¶ E2.2.2

Procedural Posture

SOR issuedAug 19, 2004
Answer filedSep 22, 2004Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decision based on written record.
Decision dateMay 4, 2005

Cite For

Disqualifying Conditions Related to Alcohol Consumption Under Guideline A
Personal Conduct Concerns Due to Falsification of Information Under Guideline E
The Importance of Candor in Security Clearance Applications.

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

¶	Allegation	Finding	Type	Response	Disqualifying (¶4)	Mitigating applied (¶5)	Mitigation
1.a	The applicant has a history of alcohol-related incidents, including multiple arrests for Driving Under the Influence (DUI).	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
1.b	The applicant has consumed alcohol to excess, leading to impaired judgment and reliability.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
1.c	The applicant has failed to demonstrate a commitment to abstaining from alcohol despite being ordered to do so by the court.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
1.d	The applicant has been fined multiple times for alcohol-related offenses and has failed to pay these fines.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
1.e	The applicant has been arrested multiple times for driving with a suspended license, indicating a disregard for the law.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
1.f	The applicant has failed to disclose all relevant arrests and outstanding warrants on his security clearance application.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
1.g	The applicant has provided false information in a signed, sworn statement regarding his criminal history.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
2.a	The applicant's personal conduct raises questions about his judgment and reliability due to his history of alcohol-related offenses.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
2.b	The applicant has engaged in conduct that creates doubt about his trustworthiness, including falsifying information on his application.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
2.c	The applicant's repeated violations of the law demonstrate a lack of respect for legal obligations and authority.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
3.a	The applicant has been convicted of multiple alcohol-related offenses, which raises security concerns.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—

Allegation

Finding

Type

Response

Disqualifying (¶4)

Mitigating applied (¶5)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including multiple arrests for Driving Under the Influence (DUI).

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

1.b

The applicant has consumed alcohol to excess, leading to impaired judgment and reliability.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

1.c

The applicant has failed to demonstrate a commitment to abstaining from alcohol despite being ordered to do so by the court.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

1.d

The applicant has been fined multiple times for alcohol-related offenses and has failed to pay these fines.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

1.e

The applicant has been arrested multiple times for driving with a suspended license, indicating a disregard for the law.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

1.f

The applicant has failed to disclose all relevant arrests and outstanding warrants on his security clearance application.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

1.g

The applicant has provided false information in a signed, sworn statement regarding his criminal history.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

2.a

The applicant's personal conduct raises questions about his judgment and reliability due to his history of alcohol-related offenses.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

2.b

The applicant has engaged in conduct that creates doubt about his trustworthiness, including falsifying information on his application.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

2.c

The applicant's repeated violations of the law demonstrate a lack of respect for legal obligations and authority.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

3.a

The applicant has been convicted of multiple alcohol-related offenses, which raises security concerns.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	The applicant failed to disclose multiple arrests and outstanding warrants on his Security Clearance Questionnaire (SF-86).	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.b	The applicant provided false information in a signed, sworn statement during an interview with the Defense Security Service.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.c	The applicant's pattern of dishonesty raises concerns about his judgment and trustworthiness.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The applicant failed to disclose multiple arrests and outstanding warrants on his Security Clearance Questionnaire (SF-86).

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

2.b

The applicant provided false information in a signed, sworn statement during an interview with the Defense Security Service.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Denied

—

2.c

The applicant's pattern of dishonesty raises concerns about his judgment and trustworthiness.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	The applicant was arrested and convicted of Driving Under the Influence of Alcohol and/or Drug (DUIA) in 1992, 1995, and 2001. He was also arrested or cited for knowingly driving in violation of suspended or revoked privilege in twice in 1994 and in 2001.	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	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

The applicant was arrested and convicted of Driving Under the Influence of Alcohol and/or Drug (DUIA) in 1992, 1995, and 2001. He was also arrested or cited for knowingly driving in violation of suspended or revoked privilege in twice in 1994 and in 2001.

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

—

Loading case…

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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES