ISCR Case 03-20387.h1

Case Headnote

ISCR Case No. 03-20387.h1

deniedOct 30, 2006· Hon. Elizabeth M. Matchinski· hearing

Summary

A 44-year-old piping designer was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The denial stemmed from a history of alcohol-related offenses, significant financial issues, and the deliberate falsification of his security clearance application.

Specifically, the applicant failed to disclose any alcohol-related offenses or consumer credit delinquencies on his August 2001 SF 86. His criminal record included a 1992 felony assault with a motor vehicle while intoxicated, which resulted in his daughter's quadriplegia, and a 1999 DWI arrest that was reduced to reckless driving. He also had multiple charged-off consumer credit card balances totaling $5,402.

While the applicant demonstrated abstinence from alcohol since March 2004 and addressed some financial debts, the judge ultimately found that the severity of his past criminal conduct and the falsification of his application warranted the denial of his security clearance.

Why the Applicant Was Denied

The applicant falsified his security clearance application by denying any alcohol-related offenses.
The applicant's history of serious criminal conduct, including a felony assault while intoxicated, raised significant concerns.
The applicant's financial issues, including multiple charged-off debts, contributed to doubts about his reliability.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
E2.A7.1.2.5raisedHabitual or Binge Consumption to the Point of Impaired Judgment
E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct

Mitigating

E2.A7.1.3.2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
E2.A7.1.3.3appliedThe Individual Has Abstained From Alcohol for a Period of at Least 12 Months
E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent

Key Rule Quoted

“An applicant 'has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.'”
— ISCR Case No. 01-20700 at 3 (App. Bd. Dec. 19, 2002)

Procedural Posture

SOR issuedAug 31, 2005
Answer filedSep 20, 2005
Hearing heldMay 17, 2006convened with applicant's agreement
Decision dateOct 30, 2006

Cite For

Falsification of Security Clearance Application Under Guideline E
Serious Criminal Conduct Under Guideline J
Financial Irresponsibility Under Guideline F

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
4.a	The applicant deliberately falsified his August 2001 security clearance application (SF 86) by not disclosing any alcohol-related offenses or consumer credit delinquencies.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
4.b	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

The applicant deliberately falsified his August 2001 security clearance application (SF 86) by not disclosing any alcohol-related offenses or consumer credit delinquencies.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

4.b

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	charged off consumer credit card balances totaling $5,402 $1,675	For Applicant	Credit Card Debt	Admitted	—	—	—
3.b	charged off consumer credit card balances totaling $5,402 $2,044	For Applicant	Credit Card Debt	Admitted	—	—	—
3.c	charged off consumer credit card balances totaling $5,402 $799	For Applicant	Credit Card Debt	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

charged off consumer credit card balances totaling $5,402

$1,675

For Applicant

Credit Card Debt

Admitted

—

3.b

charged off consumer credit card balances totaling $5,402

$2,044

For Applicant

Credit Card Debt

Admitted

—

3.c

charged off consumer credit card balances totaling $5,402

$799

For Applicant

Credit Card Debt

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant consumed alcohol at times to excess and intoxication from 1992 to at least May 1999.	For Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.b	The applicant was convicted and sentenced to three years in jail, suspended, and three years probation for an October 1992 felony assault with a motor vehicle while intoxicated.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.c	The applicant received alcohol-related counseling in June 1997.	For Applicant	Treatment Non Compliance	Denied	—	—	—
1.d	The applicant pleaded guilty to a reduced charge of reckless driving after an arrest for DWI in May 1999.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.e	The applicant continued to consume alcohol despite his arrests and counseling.	For Applicant	Continued Use After Treatment	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant consumed alcohol at times to excess and intoxication from 1992 to at least May 1999.

For Applicant

Binge or Intoxication Pattern

Admitted

—

1.b

The applicant was convicted and sentenced to three years in jail, suspended, and three years probation for an October 1992 felony assault with a motor vehicle while intoxicated.

For Applicant

DUI or DWI Alcohol

Admitted

—

1.c

The applicant received alcohol-related counseling in June 1997.

For Applicant

Treatment Non Compliance

Denied

—

1.d

The applicant pleaded guilty to a reduced charge of reckless driving after an arrest for DWI in May 1999.

For Applicant

DUI or DWI Alcohol

Admitted

—

1.e

The applicant continued to consume alcohol despite his arrests and counseling.

For Applicant

Continued Use After Treatment

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was convicted of a 1992 felony assault with a motor vehicle while intoxicated following an accident in which his young daughter was left a quadriplegic.	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	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was convicted of a 1992 felony assault with a motor vehicle while intoxicated following an accident in which his young daughter was left a quadriplegic.

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

—

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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

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

DECISION

FOOTNOTES

APPEARANCES