ISCR Case 02-31315.h1

Case Headnote

ISCR Case No. 02-31315.h1

deniedFeb 15, 2005· Hon. Christopher Graham· hearing

Summary

A 30-year-old applicant was denied a security clearance under Guideline E (Personal Conduct) due to a pattern of dishonesty and failure to mitigate security concerns. The applicant falsified his educational background and omitted criminal convictions on multiple security clearance applications.

Specifically, the applicant falsely claimed on a resume submitted to a personnel services company that he had graduated with honors from a major state university, despite never completing degree requirements at any university. He also failed to disclose two theft convictions from February 1995, one resulting in a guilty verdict and a 27-day jail sentence, and the other a guilty plea. These omissions were not corrected even when given an opportunity in a sworn statement to a Defense Security Service special agent, where he again falsely answered an SF 86.

Further demonstrating a lack of trustworthiness, the applicant used his employer's credit card for personal expenditures in December 2000, knowing it was for business purposes only. The applicant attributed his false answers to "poor judgment." The judge concluded that this consistent pattern of dishonesty demonstrated a lack of trustworthiness necessary for safeguarding classified information, leading to the denial of the clearance.

Why the Applicant Was Denied

Applicant falsified his resume and security clearance applications, claiming a degree he did not earn.
He omitted two theft convictions from his applications, demonstrating a pattern of dishonesty.
Applicant used a company credit card for personal expenses, further indicating untrustworthiness.

Conditions Referenced

Disqualifying

E2.A5.1.1.2raisedRefusal to Provide Truthful Answers to Lawful Questions in Connection with a Personnel Security Determination
E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
E2.A5.1.2.5raisedA Pattern of Dishonesty

Key Rule Quoted

“Security concerns arise when an individual does not complete required security forms in a truthful manner that presents a false picture to an employer about Applicant's background, and that is calculated to secure employment.”

Procedural Posture

SOR issuedMar 26, 2004
Answer filedApr 9, 2004Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decided on written record.
Decision dateFeb 15, 2005

Cite For

Denial of Security Clearance Due to Falsification of Information Under Guideline E
Pattern of Dishonesty as a Disqualifying Factor
Failure to Mitigate Security Concerns Related to Personal 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
1.a	Applicant falsified his resume submitted to a personnel services company by stating that he had graduated from a major state university with honors, when, in fact he never completed degree requirements at any university.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Education or Credentials	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.b	He failed to list two arrests in February 1995, one charge for theft, for which he was found guilty and sentenced to 27 days in jail; the other a charge for theft to which he entered a plea of guilty.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.c	In December 2000, Applicant used his employer's credit card and charged personal expenditures to this card, knowing that the card was only for business purposes.	Against Applicant	Misuse of Employer Time or ResourcesFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.d	Applicant had an opportunity to correct this omission in a sworn statement given to a special agent of the Defense Security Service, but he failed to disclose the facts and again falsely answered an SF 86.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.e	Applicant attributed his false answers to 'poor judgment.'	Against Applicant	Questionable Judgment General	—	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant falsified his resume submitted to a personnel services company by stating that he had graduated from a major state university with honors, when, in fact he never completed degree requirements at any university.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Education or Credentials

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.b

He failed to list two arrests in February 1995, one charge for theft, for which he was found guilty and sentenced to 27 days in jail; the other a charge for theft to which he entered a plea of guilty.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.c

In December 2000, Applicant used his employer's credit card and charged personal expenditures to this card, knowing that the card was only for business purposes.

Against Applicant

Misuse of Employer Time or ResourcesFOUND DELIBERATE

—

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.d

Applicant had an opportunity to correct this omission in a sworn statement given to a special agent of the Defense Security Service, but he failed to disclose the facts and again falsely answered an SF 86.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.e

Applicant attributed his false answers to 'poor judgment.'

Against Applicant

Questionable Judgment General

—

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

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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