ISCR Case 03-26243.h1

Case Headnote

ISCR Case No. 03-26243.h1

deniedFeb 27, 2006· Hon. Henry Lazzaro· hearing

Summary

A 33-year-old mechanic was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The denial stemmed from a history of criminal offenses, including multiple alcohol-related incidents, and deliberate omissions on his security clearance application. The judge determined that the applicant failed to mitigate these security concerns.

Specific issues included the applicant's deliberate omission of required information from a November 2002 security clearance application, where he failed to disclose alcohol and drug charges and financial delinquencies. His explanations for these omissions were found to be inconsistent and not credible. While in the Air Force, he received a letter of reprimand for making derogatory racial remarks and was generally discharged due to multiple acts of misconduct.

The applicant's criminal history included a 2005 conviction for driving while intoxicated, for which he was serving probation. Other offenses included passing fraudulent checks in 1993, being charged with Drunk and Disorderly conduct in 1995, and a 1995 conviction for Driving Under Suspension (Second). In 1996, he was convicted of Simple Possession of Marijuana. Further charges in 2001 included Malicious Damage to Personal Property, Breach of Peace, and five counts of Fraudulent Check. In November 2002, he was charged with DUI with a .202 BAC, leading to a 2005 conviction, probation, jail time, a fine, and MADD program attendance. He was also required to attend an outpatient alcohol program in 1995. The applicant's claim of having quit drinking alcohol was deemed not credible, and he failed to demonstrate credible evidence of rehabilitation or abstinence.

Why the Applicant Was Denied

The applicant has a history of multiple criminal offenses, including alcohol-related incidents.
He deliberately omitted required information from his security clearance application.
The applicant's claim of having quit drinking alcohol was deemed not credible.

Conditions Referenced

Disqualifying

DC 1raisedAllegations or Admission of Criminal Conduct
DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
DC 1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
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, Exploitation, or Duress
DC 5raisedA Pattern of Dishonesty or Rule Violations
DC 1raisedAlcohol-related Incidents Away From Work

Key Rule Quoted

“No one has a right to a security clearance and "the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
— Egan, 484 U.S. at 531.

Procedural Posture

SOR issuedFeb 22, 2005
Answer filedMar 21, 2005
Hearing heldOct 25, 2005
Decision dateFeb 27, 2006

Cite For

Denial Based on a Pattern of Criminal Conduct Under Guideline J
Failure to Disclose Relevant Information Under Guideline E
Alcohol-related Incidents Impacting Security Clearance Under Guideline G

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	Deliberately omitted required information from a security clearance application he submitted in November 2002.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
2.b	Failed to disclose relevant adverse information about his alcohol and drug charges and multiple financial delinquencies in an SF 86 he submitted in November 2002.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
2.c	Received a letter of reprimand while in the Air Force for making derogatory racial remarks to another airman.	Against Applicant	Rules Violation at Workplace	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.d	Was given a general discharge from the Air Force due to his multiple acts of misconduct.	Against Applicant	Rules Violation at Workplace	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.e	Applicant's multiple explanations for the omissions from the SF 86 are inconsistent and not credible.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Deliberately omitted required information from a security clearance application he submitted in November 2002.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

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

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

—

2.b

Failed to disclose relevant adverse information about his alcohol and drug charges and multiple financial delinquencies in an SF 86 he submitted in November 2002.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

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

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

—

2.c

Received a letter of reprimand while in the Air Force for making derogatory racial remarks to another airman.

Against Applicant

Rules Violation at Workplace

—

Denied

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.d

Was given a general discharge from the Air Force due to his multiple acts of misconduct.

Against Applicant

Rules Violation at Workplace

—

Denied

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.e

Applicant's multiple explanations for the omissions from the SF 86 are inconsistent and not credible.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Denied

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	The applicant has a history of alcohol-related incidents, including a conviction for driving while intoxicated in October 2005.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
3.b	The applicant was required to attend an outpatient alcohol program in 1995 due to alcohol-related offenses.	Against Applicant	Treatment Non Compliance	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
3.c	The applicant has failed to demonstrate credible evidence of rehabilitation or abstinence from alcohol since his last arrest.	Against Applicant	Continued Use After Treatment	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

The applicant has a history of alcohol-related incidents, including a conviction for driving while intoxicated in October 2005.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

3.b

The applicant was required to attend an outpatient alcohol program in 1995 due to alcohol-related offenses.

Against Applicant

Treatment Non Compliance

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

3.c

The applicant has failed to demonstrate credible evidence of rehabilitation or abstinence from alcohol since his last arrest.

Against Applicant

Continued Use After Treatment

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant has been charged with numerous criminal offenses, many of them alcohol related, and is currently serving a sentence of probation following his October 2005 conviction for driving while intoxicated.	Against 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.b	Applicant was charged with passing two fraudulent checks in July 1993, and was required to make restitution and pay court costs.	Against Applicant	Fraud or Deception Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	Applicant was charged with being Drunk and Disorderly on April 16, 1995, and received a letter of reprimand for making racially disparaging comments toward another airman after he had consumed alcohol.	Against Applicant	Assault or Battery	Conduct No Charge	Admitted	(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 Driving Under Suspension (Second) on November 17, 1995, and was convicted and placed on probation for one year, ordered to serve 60 days confinement, and fined $500.00.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	In 1996, Applicant was convicted of Simple Possession of Marijuana and ordered to pay a fine in the amount of $376.00.	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.f	Applicant was charged with Malicious Damage to Personal Property, Breach of Peace, and five counts of Fraudulent Check in February 2001, after he threw an object and broke someone's window during an argument.	Against Applicant	Vandalism or Property Damage	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	On November 12, 2002, Applicant was charged with DUI, and other related charges. His blood alcohol concentration (BAC) at the time of this arrest was .202.	Against Applicant	DUI or DWI Criminal	Charged Not 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 failed to appear for trial and was convicted by a jury in October 2005. He was sentenced to probation, ordered to serve 10 days in jail, pay a fine in the approximate amount of $1,300.00, and is required to attend a MADD program.	Against 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.i	Applicant executed and submitted a security clearance application (SF 86) in November 2002, in which he answered "No" in response to a question asking if he had ever been charged with or convicted of any offense related to alcohol or drugs, and failed to list any of the alcohol and drug related offenses discussed above.	Against Applicant	Unspecified Criminal Conduct	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

1.a

Applicant has been charged with numerous criminal offenses, many of them alcohol related, and is currently serving a sentence of probation following his October 2005 conviction for driving while intoxicated.

Against 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.b

Applicant was charged with passing two fraudulent checks in July 1993, and was required to make restitution and pay court costs.

Against Applicant

Fraud or Deception Criminal

Convicted

Admitted

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

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

—

1.c

Applicant was charged with being Drunk and Disorderly on April 16, 1995, and received a letter of reprimand for making racially disparaging comments toward another airman after he had consumed alcohol.

Against Applicant

Assault or Battery

Conduct No Charge

Admitted

(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 Driving Under Suspension (Second) on November 17, 1995, and was convicted and placed on probation for one year, ordered to serve 60 days confinement, and fined $500.00.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

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

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

—

1.e

In 1996, Applicant was convicted of Simple Possession of Marijuana and ordered to pay a fine in the amount of $376.00.

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.f

Applicant was charged with Malicious Damage to Personal Property, Breach of Peace, and five counts of Fraudulent Check in February 2001, after he threw an object and broke someone's window during an argument.

Against Applicant

Vandalism or Property Damage

Convicted

Admitted

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

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

—

1.g

On November 12, 2002, Applicant was charged with DUI, and other related charges. His blood alcohol concentration (BAC) at the time of this arrest was .202.

Against Applicant

DUI or DWI Criminal

Charged Not 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 failed to appear for trial and was convicted by a jury in October 2005. He was sentenced to probation, ordered to serve 10 days in jail, pay a fine in the approximate amount of $1,300.00, and is required to attend a MADD program.

Against 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.i

Applicant executed and submitted a security clearance application (SF 86) in November 2002, in which he answered "No" in response to a question asking if he had ever been charged with or convicted of any offense related to alcohol or drugs, and failed to list any of the alcohol and drug related offenses discussed above.

Against Applicant

Unspecified Criminal Conduct

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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES