ISCR Case 03-24700.h1

Case Headnote

ISCR Case No. 03-24700.h1

deniedFeb 8, 2006· Hon. Henry Lazzaro· hearing

Summary

A 53-year-old technical specialist was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to a pattern of disregard for the law and issues with personal conduct. The judge determined that the applicant's extensive history of criminal conduct and substance abuse undermined his trustworthiness to safeguard classified information.

The applicant's criminal history included a 1972 conviction for cocaine possession, a 1974 car theft charge that was dismissed, and a subsequent 1975 arrest related to that charge where marijuana was found. He was also charged with illegal operation of a boarding house in 1974/75, resulting in bond forfeiture, and faced a 1978 Navy desertion charge, likely leading to a conviction for unauthorized absence. More recent incidents included a 1998 domestic violence assault charge, a 2001 DUI charge (amended to speeding), and another domestic abuse charge in 2004.

Additionally, the applicant failed to file federal income tax returns in 1993 and from 1996 through 2001, and state and federal returns on numerous occasions during that period. He also omitted significant details about his criminal history and substance abuse, including using controlled substances while holding a security clearance, from his November 2001 security clearance application.

Why the Applicant Was Denied

The applicant had a history of multiple criminal offenses, including drug abuse and domestic violence.
He failed to file state and federal income tax returns for several years, demonstrating a disregard for legal obligations.
The applicant omitted significant details about his criminal history and substance abuse in his security clearance application.

Conditions Referenced

Disqualifying

DC 1raisedAllegations of Admission of Criminal Conduct
DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
DC 2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
DC 4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion
DC 5raisedA Pattern of Dishonesty or Rule Violations

Key Rule Quoted

“The objective of the security-clearance process is the fair-minded, commonsense assessment of a person's trustworthiness and fitness for access to classified information.”

Procedural Posture

SOR issuedJan 6, 2005
Answer filedJan 31, 2005
Hearing heldOct 18, 2005
Decision dateFeb 8, 2006

Cite For

Pattern of Disregard for Legal Obligations Under Guideline J
Failure to Disclose Criminal History Under Guideline E
Impact of Substance Abuse on Security Clearance Eligibility

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
2.a	The 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.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.b	Personal conduct or concealment of information that increases an individual's vulnerability to coercion, exploitation or duress, such as engaging in activities which, if known, may affect the person's personal, professional, or community standing or render the person susceptible to blackmail.	Against Applicant	Concealment Creating Coercion VulnerabilityFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.c	A pattern of dishonesty or rule violations, including violation of any written or recorded agreement made between the individual and the agency.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.d–2.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

2.a

The 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.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.b

Personal conduct or concealment of information that increases an individual's vulnerability to coercion, exploitation or duress, such as engaging in activities which, if known, may affect the person's personal, professional, or community standing or render the person susceptible to blackmail.

Against Applicant

Concealment Creating Coercion VulnerabilityFOUND DELIBERATE

—

Denied

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.c

A pattern of dishonesty or rule violations, including violation of any written or recorded agreement made between the individual and the agency.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Denied

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.d–2.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
1.a	Applicant was convicted of possession of cocaine in 1972, and placed on probation for two years.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	Applicant was charged with car theft in 1974, and the charges were dismissed.	Against Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	Applicant was arrested in 1975 based on a warrant for the car theft charge that had apparently not been properly quashed. The vehicle he was driving at the time of this arrest was searched by the arresting officer and a small quantity of marijuana was found in the vehicle.	Against Applicant	Drug Related Criminal Charge	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	Applicant was charged with illegal operation of a boarding house sometime in 1974/75 based upon his renting out rooms in a house he owned without having the appropriate license. He posted a bond, failed to appear in court on the scheduled trial date, and his bond was forfeited.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	Applicant was charged with desertion from the Navy in 1978. He was tried at either a summary or special court-martial, most likely convicted of unauthorized absence, and sentenced to be reduced from paygrade E-4 to paygrade E-2 and confined for 30 days.	Against Applicant	Military UCMJ Violation	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	Applicant was charged with assault (domestic violence) in February 1998 after he became involved in a verbal argument with his estranged wife and forcibly removed her from his residence.	Against Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	Applicant was arrested and charged with driving under the influence of liquor (DUI) in June 2001. He pled guilty to an amended charge of speeding and was fined $80.80.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.h	Applicant was again charged with assault (domestic abuse) in about November 2004, after he became involved in a physical altercation with his 17-year-old son.	For Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.i	Applicant failed to file federal income tax returns in 1993 and from 1996 through 2001.	For 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	—	—
1.j	Applicant failed to disclose many required details about his background in a security clearance application he submitted in November 2001, including his abuse of controlled substances while possessing a security clearance.	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	—	—
1.k	Applicant failed to file state and federal income tax returns, as required by law, on numerous occasions between 1993 and 2001.	For 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	—	—
1.l	Applicant used controlled substances while possessing a security clearance.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.m–1.s	7 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was convicted of possession of cocaine in 1972, and placed on probation for two years.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

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

—

1.b

Applicant was charged with car theft in 1974, and the charges were dismissed.

Against Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

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

—

1.c

Applicant was arrested in 1975 based on a warrant for the car theft charge that had apparently not been properly quashed. The vehicle he was driving at the time of this arrest was searched by the arresting officer and a small quantity of marijuana was found in the vehicle.

Against Applicant

Drug Related Criminal Charge

Convicted

Denied

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

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

—

1.d

Applicant was charged with illegal operation of a boarding house sometime in 1974/75 based upon his renting out rooms in a house he owned without having the appropriate license. He posted a bond, failed to appear in court on the scheduled trial date, and his bond was forfeited.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

—

1.e

Applicant was charged with desertion from the Navy in 1978. He was tried at either a summary or special court-martial, most likely convicted of unauthorized absence, and sentenced to be reduced from paygrade E-4 to paygrade E-2 and confined for 30 days.

Against Applicant

Military UCMJ Violation

Convicted

Denied

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

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

—

1.f

Applicant was charged with assault (domestic violence) in February 1998 after he became involved in a verbal argument with his estranged wife and forcibly removed her from his residence.

Against Applicant

Domestic Violence

Convicted

Admitted

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

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

—

1.g

Applicant was arrested and charged with driving under the influence of liquor (DUI) in June 2001. He pled guilty to an amended charge of speeding and was fined $80.80.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

1.h

Applicant was again charged with assault (domestic abuse) in about November 2004, after he became involved in a physical altercation with his 17-year-old son.

For Applicant

Domestic Violence

Convicted

Admitted

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

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

—

1.i

Applicant failed to file federal income tax returns in 1993 and from 1996 through 2001.

For 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

—

1.j

Applicant failed to disclose many required details about his background in a security clearance application he submitted in November 2001, including his abuse of controlled substances while possessing a security clearance.

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

—

1.k

Applicant failed to file state and federal income tax returns, as required by law, on numerous occasions between 1993 and 2001.

For 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

—

1.l

Applicant used controlled substances while possessing a security clearance.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

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

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

—

1.m–1.s

7 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

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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

PROCEDURAL MATTERS

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES