ISCR Case 03-16066.h1

Case Headnote

ISCR Case No. 03-16066.h1

deniedSep 30, 2005· Hon. Joan Caton Anthony· hearing

Summary

A 46-year-old program analyst was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The denial stemmed from the applicant's falsifications on his security clearance application regarding past alcohol offenses and drug use. Specifically, he failed to disclose two additional alcohol-related offenses, omitted his occasional marijuana use until at least 1999, and listed only one episode of alcohol-related treatment despite having received it on two other occasions.

The applicant's history included multiple alcohol-related incidents. He was arrested in July 1990 for driving under the influence and speeding, leading to a license suspension, a rehabilitation program, fines, and community service. In May 1999, he was arrested twice on the same day for driving while intoxicated and driving while his license was revoked, resulting in suspended jail sentences, probation, and orders for substance abuse assessment and treatment. He received alcohol-related detoxification treatment in June and September 1999, and further treatment from April 2000 to April 2001.

While the applicant mitigated concerns related to his alcohol-related conduct, the judge determined that the falsifications on his application were not isolated incidents. These omissions and misrepresentations raised significant trustworthiness issues, indicating a pattern of dishonesty that undermined his reliability and ultimately led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant falsified his security clearance application regarding multiple alcohol offenses and drug use.
The judge found that the applicant's falsifications were not isolated incidents and raised significant trustworthiness concerns.
The applicant's admissions of dishonesty indicated a pattern of behavior that undermined his reliability.

Conditions Referenced

Disqualifying

E2.A5.1.2.2raisedPersonal Conduct
E2.A7.1.2.1raisedAlcohol Consumption
E2.A7.1.2.5raisedAlcohol Consumption

Mitigating

E2.A5.1.3.2rejectedPersonal ConductThe falsifications were not isolated incidents and were recent.
E2.A7.1.3.1appliedAlcohol ConsumptionThe applicant's alcohol-related incidents do not indicate a current pattern of behavior.
E2.A7.1.3.2appliedAlcohol ConsumptionThe applicant's alcohol-related problems occurred several years ago and have not been repeated.
E2.A7.1.3.3appliedAlcohol ConsumptionThe applicant has demonstrated positive changes in behavior supportive of sobriety.
E2.A7.1.3.4rejectedAlcohol ConsumptionThe applicant did not receive a favorable prognosis from a credentialed medical professional.

Key Rule Quoted

“The ability to be truthful goes to the essence of an individual's security worthiness.”

Procedural Posture

SOR issuedNov 24, 2004
Answer filedJan 28, 2005
Hearing heldAug 22, 2005
Decision dateSep 30, 2005

Cite For

Falsification of Security Clearance Applications Under Guideline E
Mitigating Factors Related to Alcohol Consumption Under Guideline G
Trustworthiness and Reliability Concerns Stemming From Dishonesty.

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 admitted and listed only one alcohol-related offense in his response to Question 24 when he knew he had been charged with two additional alcohol-related offenses which he did not list.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
1.b	Applicant falsified his response to Question 27 when he answered "no" to illegal drug use and failed to list his occasional use of marijuana until at least 1999.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
1.c	Applicant falsified his response to Question 30 by admitting and listing only one episode of alcohol-related treatment when he knew he had received alcohol-related treatment on two other occasions which he did not list.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant admitted and listed only one alcohol-related offense in his response to Question 24 when he knew he had been charged with two additional alcohol-related offenses which he did not list.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

1.b

Applicant falsified his response to Question 27 when he answered "no" to illegal drug use and failed to list his occasional use of marijuana until at least 1999.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

—

1.c

Applicant falsified his response to Question 30 by admitting and listing only one episode of alcohol-related treatment when he knew he had received alcohol-related treatment on two other occasions which he did not list.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The applicant consumed alcohol, at times to excess and to intoxication from at least 1990 to 1999.	For Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.b	The applicant was arrested July 14, 1990, and charged with two counts of driving under the influence of alcohol and one count of speeding, which resulted in the suspension of his driver's license for six months, his placement in an accelerated rehabilitation disposition program for one year, and an order for him to pay fines, costs, and serve 80 hours of community service.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.c	The applicant was arrested on May 30, 1999 at 2:20 am and charged with driving while intoxicated; that he pled guilty to the charge, resulting in a sentence of 60 days in jail, suspended, 12 months probation, an order to obtain a substance abuse assessment, to participate in any recommended treatment, and to pay fines, court costs, and complete 24 hours of community service.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.d	The applicant was arrested on May 30, 1999 at approximately 4:05 pm and charged with one count of driving while intoxicated (DWI) and one count of driving while license revoked, to which he pled guilty and was sentenced to 60 days in jail, suspended, supervised probation for two years, and ordered to pay fines and costs on the DWI count, and was further sentenced to 14 days in jail, suspended, two years probation, and ordered to pay fines and costs on the driving while license revoked count.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.e	The applicant received alcohol related detoxification treatment in June 1999, at an unknown facility.	For Applicant	Alcohol Related Hospitalization	Admitted	—	—	—
2.f	The applicant received a substance abuse assessment in July 1999 and was diagnosed with alcohol dependence, resulting in the recommendation that he attend six months of alcohol-related treatment.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
2.g	The applicant was hospitalized and received alcohol-related detoxification treatment from September 15 to September 21, 1999.	For Applicant	Alcohol Related Hospitalization	Admitted	—	—	—
2.h	The applicant received alcohol-related treatment from April 2000 to April 2001 from a community substance abuse services facility.	For Applicant	Treatment Non Compliance	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant consumed alcohol, at times to excess and to intoxication from at least 1990 to 1999.

For Applicant

Binge or Intoxication Pattern

Admitted

—

2.b

The applicant was arrested July 14, 1990, and charged with two counts of driving under the influence of alcohol and one count of speeding, which resulted in the suspension of his driver's license for six months, his placement in an accelerated rehabilitation disposition program for one year, and an order for him to pay fines, costs, and serve 80 hours of community service.

For Applicant

DUI or DWI Alcohol

Admitted

—

2.c

The applicant was arrested on May 30, 1999 at 2:20 am and charged with driving while intoxicated; that he pled guilty to the charge, resulting in a sentence of 60 days in jail, suspended, 12 months probation, an order to obtain a substance abuse assessment, to participate in any recommended treatment, and to pay fines, court costs, and complete 24 hours of community service.

For Applicant

DUI or DWI Alcohol

Admitted

—

2.d

The applicant was arrested on May 30, 1999 at approximately 4:05 pm and charged with one count of driving while intoxicated (DWI) and one count of driving while license revoked, to which he pled guilty and was sentenced to 60 days in jail, suspended, supervised probation for two years, and ordered to pay fines and costs on the DWI count, and was further sentenced to 14 days in jail, suspended, two years probation, and ordered to pay fines and costs on the driving while license revoked count.

For Applicant

DUI or DWI Alcohol

Admitted

—

2.e

The applicant received alcohol related detoxification treatment in June 1999, at an unknown facility.

For Applicant

Alcohol Related Hospitalization

Admitted

—

2.f

The applicant received a substance abuse assessment in July 1999 and was diagnosed with alcohol dependence, resulting in the recommendation that he attend six months of alcohol-related treatment.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

2.g

The applicant was hospitalized and received alcohol-related detoxification treatment from September 15 to September 21, 1999.

For Applicant

Alcohol Related Hospitalization

Admitted

—

2.h

The applicant received alcohol-related treatment from April 2000 to April 2001 from a community substance abuse services facility.

For Applicant

Treatment Non Compliance

Admitted

—

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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