ISCR Case 03-02777.h1

Case Headnote

ISCR Case No. 03-02777.h1

deniedAug 5, 2004· Hon. Claude R. Heiny II· hearing

Summary

A 62-year-old engineering technician was denied a security clearance due to issues under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had three convictions for driving while intoxicated (DWI) in the early to mid-1980s. One of these convictions, from November 1984, resulted in a state prison sentence of one to three years, with the applicant serving one year. During his incarceration, he received alcohol counseling and outpatient treatment.

A significant factor in the denial was the applicant's statutory disqualification under 10 U.S.C. § 986, which applies to individuals convicted and imprisoned for over one year. Additionally, in August 2002, the applicant completed an SF 86 security clearance application and deliberately falsified information by omitting his alcohol-related arrests.

While some mitigating conditions were considered, particularly regarding the age of the offenses, the statutory disqualification and the intentional falsification of his application were decisive. The security clearance was ultimately denied.

Why the Applicant Was Denied

The applicant is statutorily disqualified from having a clearance under 10 U.S.C. § 986 due to a conviction resulting in imprisonment for over one year.
The applicant deliberately falsified his security clearance application by omitting his alcohol-related arrests, which raised significant personal conduct concerns.

Conditions Referenced

Disqualifying

J DC craisedConviction in a Federal or State Court, Including a Court-martial of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year.
E DC 2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire.

Mitigating

J MC aappliedThe Criminal Behavior Was Not Recent.
J MC dappliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur.
J MC frejectedThere Is Clear Evidence of Successful Rehabilitation.The record only shows 'some evidence' of rehabilitation.

Key Rule Quoted

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

Procedural Posture

SOR issuedSep 29, 2003
Answer filedundatedApplicant elected to have the case decided on the written record.
Hearing held—No hearing was held.
Decision dateAug 5, 2004

Cite For

Statutory Disqualification Under 10 U.S.C. § 986 for Felony Convictions
Deliberate Falsification of Security Clearance Applications Under Guideline E
Mitigation of Criminal Conduct Based on the Age of Offenses Under Guideline J

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	In August 2002, the Applicant completed an SF 86 and lied about his alcohol arrests.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

In August 2002, the Applicant completed an SF 86 and lied about his alcohol arrests.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The applicant was convicted three times for driving while intoxicated (DWI) in the early to mid-1980s.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.b	The applicant was sentenced to one to three years in state prison for a November 1984 DWI.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.c	The applicant was incarcerated for one year due to his DWI conviction.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.d	The applicant received alcohol counseling and outpatient treatment while in prison.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.e	The applicant is statutorily disqualified from having a clearance granted or renewed under 10 U.S.C. § 986 due to his conviction.	Against Applicant	Unspecified Criminal Conduct	Convicted	Denied	(c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The applicant was convicted three times for driving while intoxicated (DWI) in the early to mid-1980s.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.b

The applicant was sentenced to one to three years in state prison for a November 1984 DWI.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.c

The applicant was incarcerated for one year due to his DWI conviction.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.d

The applicant received alcohol counseling and outpatient treatment while in prison.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.e

The applicant is statutorily disqualified from having a clearance granted or renewed under 10 U.S.C. § 986 due to his conviction.

Against Applicant

Unspecified Criminal Conduct

Convicted

Denied

(c) currently on parole or probation

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES