ISCR Case 03-01631.h1

Case Headnote

ISCR Case No. 03-01631.h1

deniedJun 17, 2004· Hon. Darlene Lokey Anderson· hearing

Summary

A 46-year-old male applicant with a high school diploma and some college education was denied a security clearance under Guidelines E (Personal Conduct) and J (Criminal Conduct). The denial stemmed from a history of criminal conduct and alcohol abuse, including nine arrests and multiple convictions, as well as attempts to conceal this history on his security clearance application.

The applicant's criminal record included misdemeanor arrests for Assault in October 1989 and January 1990, and Disorderly Conduct in April 1991. Felony charges and convictions included Resisting Arrest in September 1990, and Unlawful Flight from a Law Enforcement Vehicle in December 1991. Later arrests included Driving Under the Influence in August 1999, Driving on a Suspended/Revoked License in September 1999, and Battery in November 2001. Five of the nine arrests were alcohol-related. The applicant admitted to consuming alcohol to excess until September 2002.

Crucially, the applicant failed to disclose felony offenses from September 1990 and December 1991, and other arrests from 1999, on his July 17, 2000, Security Clearance Application (Standard Form 86). The judge found insufficient evidence of rehabilitation or a fundamental change in character, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant had a history of nine arrests, including five alcohol-related incidents and two felony convictions.
The applicant attempted to conceal felony convictions and other arrests on his security clearance application.
There was no credible evidence of rehabilitation or a fundamental change in the applicant's character.

Conditions Referenced

Disqualifying

J1raisedCriminal Conduct
J2raisedA Single Serious Crime or Multiple Lesser Offenses
E2raisedDeliberate Omission or Concealment of Relevant Facts
G1raisedAlcohol-related Incidents Away From Work
G4raisedHabitual or Binge Consumption of Alcohol

Key Rule Quoted

“The eligibility criteria established in the DoD Directive identify personal characteristics and conduct which are reasonably related to the ultimate question, posed in Section 2 of Executive Order 10865, of whether it is "clearly consistent with the national interest" to grant an Applicant's request for access to classified information.”

Procedural Posture

SOR issuedOct 2, 2003
Answer filedOct 4, 2003
Hearing heldApr 6, 2004
Decision dateJun 17, 2004

Cite For

Denial Based on Extensive Criminal History Under Guideline J
Failure to Disclose Felony Convictions Under Guideline E
Lack of Evidence for Rehabilitation in Alcohol Abuse Cases Under Guideline G

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	The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.b	The Applicant completed a Security Clearance Application (Standard Form 86) dated July 17, 2000. Question 21 of the application asked the Applicant if he had ever been charged with or convicted with or convicted of any felony offense. The Applicant failed to disclose that he had been charged with and/or convicted of felony offenses in December 1991, for Endangerment, Criminal Damage, Failure to Stop for Emergency Vehicle, and Aggravated Assault. He also failed to disclose his felony charges and convictions in September 1990, for Resisting Arrest and Assault.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

2.b

The Applicant completed a Security Clearance Application (Standard Form 86) dated July 17, 2000. Question 21 of the application asked the Applicant if he had ever been charged with or convicted with or convicted of any felony offense. The Applicant failed to disclose that he had been charged with and/or convicted of felony offenses in December 1991, for Endangerment, Criminal Damage, Failure to Stop for Emergency Vehicle, and Aggravated Assault. He also failed to disclose his felony charges and convictions in September 1990, for Resisting Arrest and Assault.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Applicant was arrested for Assault, a misdemeanor, in October 1989 and again in January 1990.	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	In September 1990, he was charged with Resisting Arrest, a felony, and Assault, a felony, and found guilty of Resisting Arrest.	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	In April 1991, he was arrested for Disorderly Conduct, a misdemeanor, and Resisting Arrest, a misdemeanor, and found guilty of Disorderly Conduct.	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	—	—
1.d	In December 1991, the Applicant was arrested for multiple felonies including Endangerment and Aggravated Assault, and pled guilty to Unlawful Flight from a Law Enforcement Vehicle, a felony.	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	In August 1999, the Applicant was arrested for Driving Under the Influence and Violation of Probation, and was found guilty of Driving Under the Influence.	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.f	In September 1999, the Applicant was arrested for Driving on a Suspended/Revoked License and Driving with an Obstructed Window, and pled guilty to Driving on a Suspended/Revoked License.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	In September 2000, the Applicant was arrested for Obstruction of a Police Officer, which was ultimately dismissed.	Against Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.h	In November 2001, the Applicant was arrested for Battery, pled nolo contendere, and was fined.	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.i	The Applicant has a history of criminal conduct involving nine separate arrests, five of which were alcohol related, and two of which involved felony convictions.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.j	The Applicant attempted to conceal his felony convictions and another arrest in 1999 on his security clearance application.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.a	The Applicant failed to disclose felony offenses in his security clearance application.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.b	The Applicant failed to disclose other offenses in the last seven years on his security clearance application.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
3.a	The Applicant admits to having consumed alcohol to excess and to the point of intoxication until September 2002.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Applicant was arrested for Assault, a misdemeanor, in October 1989 and again in January 1990.

Against Applicant

Assault or Battery

Convicted

Admitted

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

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

—

1.b

In September 1990, he was charged with Resisting Arrest, a felony, and Assault, a felony, and found guilty of Resisting Arrest.

Against Applicant

Assault or Battery

Convicted

Admitted

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

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

—

1.c

In April 1991, he was arrested for Disorderly Conduct, a misdemeanor, and Resisting Arrest, a misdemeanor, and found guilty of Disorderly Conduct.

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

—

1.d

In December 1991, the Applicant was arrested for multiple felonies including Endangerment and Aggravated Assault, and pled guilty to Unlawful Flight from a Law Enforcement Vehicle, a felony.

Against Applicant

Assault or Battery

Convicted

Admitted

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

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

—

1.e

In August 1999, the Applicant was arrested for Driving Under the Influence and Violation of Probation, and was found guilty of Driving Under the Influence.

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.f

In September 1999, the Applicant was arrested for Driving on a Suspended/Revoked License and Driving with an Obstructed Window, and pled guilty to Driving on a Suspended/Revoked License.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

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

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

—

1.g

In September 2000, the Applicant was arrested for Obstruction of a Police Officer, which was ultimately dismissed.

Against Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

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

—

1.h

In November 2001, the Applicant was arrested for Battery, pled nolo contendere, and was fined.

Against Applicant

Assault or Battery

Convicted

Admitted

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

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

—

1.i

The Applicant has a history of criminal conduct involving nine separate arrests, five of which were alcohol related, and two of which involved felony convictions.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

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

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

—

1.j

The Applicant attempted to conceal his felony convictions and another arrest in 1999 on his security clearance application.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

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

—

2.a

The Applicant failed to disclose felony offenses in his security clearance application.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

—

2.b

The Applicant failed to disclose other offenses in the last seven years on his security clearance application.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

—

3.a

The Applicant admits to having consumed alcohol to excess and to the point of intoxication until September 2002.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

—

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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