ISCR Case 03-23965.h1

Case Headnote

ISCR Case No. 03-23965.h1

deniedApr 12, 2006· Hon. Michael H. Leonard· hearing

Summary

A 52-year-old married man, seeking a security clearance for a security official position, was denied due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of employment-related misconduct and the deliberate falsification of his security-clearance application.

Specifically, the applicant failed to disclose significant background information. This included resigning from federal employment in 2001 to avoid termination, a drunk driving incident in 1986, and a Chapter 7 bankruptcy case in 1997. These omissions were considered deliberate and constituted criminal conduct by making false statements to a federal agency, a felony-level offense under 18 U.S.C. § 1001.

The applicant's history also included a letter of reprimand and multiple suspensions from prior employment. The cumulative effect of these undisclosed issues and the falsification of the application raised significant doubts about his judgment, reliability, and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a history of employment-related misconduct, including a letter of reprimand and multiple suspensions.
The applicant falsified his security-clearance application by omitting required disclosures about his employment termination, a drunk driving incident, and a bankruptcy.

Conditions Referenced

Disqualifying

E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances.
E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire, Personal History Statement, or Similar Form Used to Conduct Investigations, Determine Employment Qualifications, Award Benefits or Status, Determine Security Clearance Eligibility or Trustworthiness, or Award Fiduciary Responsibilities.
E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses.

Key Rule Quoted

“the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedDec 15, 2004
Answer filedDec 28, 2004
Hearing heldSep 16, 2005
Decision dateApr 12, 2006

Cite For

Falsification of a Security-clearance Application Under Guideline E
History of Employment-related Misconduct Impacting Security Clearance Eligibility
Criminal Conduct as a Disqualifying Factor 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
1.a	Applicant deliberately failed to disclose resigning from federal employment in lieu of being fired in 2001.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.b	Applicant deliberately failed to disclose a drunk driving incident in 1986.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.c	Applicant deliberately failed to disclose a Chapter 7 bankruptcy case in 1997.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Financial	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.d–1.i	6 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant deliberately failed to disclose resigning from federal employment in lieu of being fired in 2001.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

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

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

—

1.b

Applicant deliberately failed to disclose a drunk driving incident in 1986.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

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

—

1.c

Applicant deliberately failed to disclose a Chapter 7 bankruptcy case in 1997.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Financial

Denied

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

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

—

1.d–1.i

6 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant engaged in criminal conduct by making false statements about his background in violation of 18 U.S.C. § 1001 (making a false statement within the jurisdiction of a federal agency), which is a felony-level offense.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b	The applicant's criminal conduct creates doubt about his judgment, reliability, and trustworthiness. No mitigating conditions apply.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(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 engaged in criminal conduct by making false statements about his background in violation of 18 U.S.C. § 1001 (making a false statement within the jurisdiction of a federal agency), which is a felony-level offense.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

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

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

—

2.b

The applicant's criminal conduct creates doubt about his judgment, reliability, and trustworthiness. No mitigating conditions apply.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

(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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES