ISCR Case 03-04791.h1

Case Headnote

ISCR Case No. 03-04791.h1

deniedSep 10, 2004· Hon. Barry M. Sax· hearing

Summary

A 56-year-old defense contractor analyst was denied a security clearance under Guideline E (Personal Conduct) due to a history of sexual misconduct involving minors and subsequent dishonesty on his security clearance application. The applicant intentionally omitted critical information regarding his criminal history and provided false statements to investigators, failing to establish adequate mitigation.

Specifically, the applicant falsified his June 19, 2000, Security Clearance Application (SF 86) by failing to disclose that a 1995 arrest for "Assault/Misdemeanor" was actually for "Annoying Children," which resulted in a sex offender registration. He also failed to mention a separate incident of inappropriate sexual contact with a minor in 1994. Furthermore, on April 2, 2002, the applicant falsely told a Defense Security Service agent that the 1995 incident was his only inappropriate contact with a minor, despite knowing about the 1994 incident.

The judge found that the applicant intentionally falsified material facts on his application and lied to investigators. His explanations for his conduct were deemed contradictory and unpersuasive, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant intentionally falsified material facts on his security clearance application.
The applicant lied to a Defense Security Service agent about his history of inappropriate contact with minors.
The applicant's explanations for his conduct were found to be contradictory and unpersuasive.

Conditions Referenced

Disqualifying

DC 1appliedReliable Unfavorable Information Provided by Associates, Neighbors, and Other Acquaintances.
DC 2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Information From Any Personnel Security Questionnaire.
DC 3appliedDeliberately Providing False or Misleading Information Concerning Relevant and Material Information to an Investigator, Security Official, Competent Medical Authority, or Other Official Representative in Connection with a Personnel Security or Trustworthiness Determination.

Mitigating

MC 2rejectedThe Falsifications Are Still Recent.
MC 3rejectedThe Correct Information Was Provided Only After Being Confronted by the DSS Agent.

Key Rule Quoted

“any doubt as to whether access to classified information is clearly consistent with the interests of national security will be resolved in favor of the nation's security.”

Procedural Posture

SOR issuedJan 21, 2004
Answer filedMar 9, 2004
Hearing heldMay 24, 2004
Decision dateSep 10, 2004

Cite For

Intentional Falsification of Security Clearance Applications Under Guideline E
Impact of Past Criminal Conduct on Security Clearance Eligibility
Credibility Issues Arising From Dishonesty in Security Clearance Proceedings

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 did intentionally falsify or omitted material facts on a June 19, 2000 Security Clearance Application (SF 86), in which he replied to Question 26, "Have you ever been arrested for, or charged with, or convicted of any offense not listed in modules [questions] 21, 22, 23, 24, or 25." He answered "Yes" and cited a 1995 "Assault/Misdemeanor," but did not mention that he had actually been arrested on that date for "Annoying Children," as a result of which he had been required to register as a sex offender after his conviction. He did note at Question 43 that he wished to discuss the arrest more fully "with investigator," which he subsequently did, but he still failed to mention the second sexual touching, in 1994.	Against Applicant	Falsification Security FormFOUND 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	—	—
1.b	Applicant deliberately omitted and/or falsified information given to a Defense Security Service (DSS) agent on April 2, 2002, when he stated: "This incident was the only time in my life that I have ever had inappropriate contact with a minor," referring to the child who was the victim of the 1995 criminal conviction, when he knew and sought to conceal that he had inappropriate sexual contact with another child.	Against Applicant	Lack of Candor in InterviewFOUND 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	—	—
1.c	On his June 19, 2000 SF 86, Applicant answered "No" to Question 19 Your Medical Record - "In the past seven years have you consulted a mental health professional (psychiatrist, psychologist, counselor, etc.) or have you consulted with another health care provider about a mental health related condition?" The counselor to whom he spoke and whose report was accepted by the court did not come within any of the described positions. Consequently, Applicant was not required report the counseling.	For Applicant	Omission or Failure to Disclose	—	Denied	—	—	—
1.d	As a 45 or 46-year-old, Applicant did have inappropriate sexual contact with two minors, a 12 or 13-year-old girl in 1995 and a nine-year-old girl in 1994.	Against Applicant	Questionable Judgment General	—	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant did intentionally falsify or omitted material facts on a June 19, 2000 Security Clearance Application (SF 86), in which he replied to Question 26, "Have you ever been arrested for, or charged with, or convicted of any offense not listed in modules [questions] 21, 22, 23, 24, or 25." He answered "Yes" and cited a 1995 "Assault/Misdemeanor," but did not mention that he had actually been arrested on that date for "Annoying Children," as a result of which he had been required to register as a sex offender after his conviction. He did note at Question 43 that he wished to discuss the arrest more fully "with investigator," which he subsequently did, but he still failed to mention the second sexual touching, in 1994.

Against Applicant

Falsification Security FormFOUND 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

—

1.b

Applicant deliberately omitted and/or falsified information given to a Defense Security Service (DSS) agent on April 2, 2002, when he stated: "This incident was the only time in my life that I have ever had inappropriate contact with a minor," referring to the child who was the victim of the 1995 criminal conviction, when he knew and sought to conceal that he had inappropriate sexual contact with another child.

Against Applicant

Lack of Candor in InterviewFOUND 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

—

1.c

On his June 19, 2000 SF 86, Applicant answered "No" to Question 19 Your Medical Record - "In the past seven years have you consulted a mental health professional (psychiatrist, psychologist, counselor, etc.) or have you consulted with another health care provider about a mental health related condition?" The counselor to whom he spoke and whose report was accepted by the court did not come within any of the described positions. Consequently, Applicant was not required report the counseling.

For Applicant

Omission or Failure to Disclose

—

Denied

—

1.d

As a 45 or 46-year-old, Applicant did have inappropriate sexual contact with two minors, a 12 or 13-year-old girl in 1995 and a nine-year-old girl in 1994.

Against Applicant

Questionable Judgment General

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

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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