ISCR Case 03-06595.h1

Case Headnote

ISCR Case No. 03-06595.h1

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

Summary

A 26-year-old defense contractor 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 excessive alcohol consumption, including multiple alcohol-related arrests and convictions, and the falsification of his security clearance application.

Specifically, the applicant's Statement of Reasons detailed a history of habitual, binge-like alcohol consumption leading to impaired judgment, with incidents occurring away from work, including driving under the influence. He also failed to disclose two alcohol-related arrests and convictions on his December 2001 Standard Form (SF) 86 security clearance application. This pattern of criminal activity and the provision of false information raised doubts about his judgment, reliability, and trustworthiness.

The judge found insufficient evidence to mitigate these security concerns. The applicant's history of excessive alcohol use, the falsification of his application by omitting significant alcohol-related incidents, and his failure to demonstrate rehabilitation or positive behavioral changes ultimately led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a history of excessive alcohol consumption, including multiple arrests for alcohol-related offenses.
The applicant falsified his security clearance application by omitting significant alcohol-related arrests and convictions.
The applicant failed to demonstrate rehabilitation or positive changes in behavior to mitigate security concerns.

Conditions Referenced

Disqualifying

E2.A7.1.2.1appliedAlcohol-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.A7.1.2.5appliedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
E2.A10.1.2.1appliedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
E2.A10.1.2.2appliedA Single Serious Crime or Multiple Lesser Offenses

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 issuedOct 21, 2004
Answer filedNov 29, 2004
Hearing heldJan 6, 2005Applicant requested decision on written record.
Decision dateMay 4, 2005

Cite For

Denial Based on History of Alcohol-related Offenses Under Guideline A
Falsification of Security Clearance Application Under Guideline E
Criminal Conduct Impacting Security Clearance 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	Type	Response	Disqualifying (¶4)	Mitigating applied (¶5)	Mitigation
1.a	The applicant has a history of alcohol consumption that 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	—	—
1.b	The applicant has been arrested for 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	—	—
1.c	The applicant's alcohol consumption has been habitual and binge-like, leading to impaired judgment.	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's alcohol-related incidents have occurred away from work, including driving under the influence.	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 provided false information on his security clearance application regarding his alcohol-related arrests.	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 a pattern of criminal conduct related to alcohol consumption.	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 consumption that 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

—

1.b

The applicant has been arrested for 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

—

1.c

The applicant's alcohol consumption has been habitual and binge-like, leading to impaired judgment.

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's alcohol-related incidents have occurred away from work, including driving under the influence.

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 provided false information on his security clearance application regarding his alcohol-related arrests.

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 a pattern of criminal conduct related to alcohol consumption.

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	In December 2001, when Applicant completed his security clearance application, Standard Form (SF) 86, he failed to list two of his alcohol-related arrests and convictions.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

In December 2001, when Applicant completed his security clearance application, Standard Form (SF) 86, he failed to list two of his alcohol-related arrests and convictions.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	The Applicant has a history or pattern of criminal activity creating doubt about his judgment, reliability, and trustworthiness.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	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 has a history or pattern of criminal activity creating doubt about his judgment, reliability, and trustworthiness.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Admitted

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

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

—

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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