ISCR Case 04-01442.h1

Case Headnote

ISCR Case No. 04-01442.h1

deniedMar 31, 2006· Hon. Elizabeth M. Matchinski· hearing

Summary

A 51-year-old outside machinist was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of 12 criminal convictions between 1974 and 2000, including assault and drug-related offenses. The applicant also had a long history of excessive alcohol consumption, reporting an average daily intake of 24 to 36 beers from 1972 to 1999, and faced multiple alcohol-related charges and drunk driving incidents.

Key issues included a September 2000 arrest for aggravated drug trafficking after marijuana plants were found on his property, leading to a guilty plea for cultivation of marijuana and criminal forfeiture of firearms. He also had multiple convictions for operating under the influence (OUI) and operating a motor vehicle after his license was revoked, along with associated habitual offender charges. Other offenses included disorderly conduct, criminal assault, and failure to appear in court.

The judge found that the applicant failed to demonstrate good judgment and honesty, specifically noting the omission of the marijuana cultivation conviction from his security clearance application. Ongoing legal issues, including pending assault charges as of September 2005, and a lack of credible rehabilitation efforts further contributed to the denial.

Why the Applicant Was Denied

The applicant has a record of 12 criminal convictions spanning from 1974 to 2000, including serious offenses such as assault and drug cultivation.
He consumed a case of alcohol daily for approximately 25 years, raising concerns about his judgment and reliability.
The applicant knowingly omitted a marijuana cultivation conviction from his security clearance application, indicating a lack of candor.
Pending assault charges as of September 2005 further demonstrated his ongoing legal issues and questionable judgment.

Conditions Referenced

Disqualifying

E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
E2.A5.1.2.5raisedA Pattern of Dishonesty or Rule Violations
E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the security guidelines contained in the Directive.”
— ISCR Case No. 01-20700 at 3.

Procedural Posture

SOR issuedDec 14, 2004
Answer filedJan 18, 2005
Hearing heldSep 28, 2005Hearing conducted with 11 government exhibits and one applicant exhibit.
Decision dateMar 31, 2006

Cite For

Pattern of Criminal Conduct Under Guideline J
Failure to Disclose Criminal History Under Guideline E
Excessive Alcohol Consumption Impacting Judgment 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–2.d	4 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant	FOUND DELIBERATE	Criminal Conduct		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.d

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

Against Applicant

FOUND DELIBERATE

Criminal Conduct

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	The applicant consumed on average 24 to 36 beers daily from 1972 to 1999.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
3.b	The applicant was charged with alcohol-related offenses six times from the late 1970s to early 1980s.	Against Applicant	Alcohol Related Arrest	Denied	—	—	—
3.c	The applicant engaged in drunk driving on approximately six occasions from about 1984 to 2002.	Against Applicant	DUI or DWI Alcohol	Denied	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

The applicant consumed on average 24 to 36 beers daily from 1972 to 1999.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

3.b

The applicant was charged with alcohol-related offenses six times from the late 1970s to early 1980s.

Against Applicant

Alcohol Related Arrest

Denied

—

3.c

The applicant engaged in drunk driving on approximately six occasions from about 1984 to 2002.

Against Applicant

DUI or DWI Alcohol

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
4.a	The applicant was arrested in September 2000 for aggravated trafficking or furnishing a schedule drug, a felony, after marijuana plants were found growing on his property.	Against Applicant	Marijuana	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

4.a

The applicant was arrested in September 2000 for aggravated trafficking or furnishing a schedule drug, a felony, after marijuana plants were found growing on his property.

Against Applicant

Marijuana

Not Applicable

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested in September 2000 for aggravated trafficking or furnishing a schedule drug, a felony, after marijuana plants were found growing on his property. He was also charged with criminal forfeiture of several firearms seized during a lawful search for marijuana (SOR ¶ 1.a.).	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.b	In February 2000, he was indicted on charges of OUI, a class D crime, and habitual offender, a class C crime. The habitual offender charge was dismissed on his plea of guilty to OUI. He was sentenced in October 2000 to 364 days in jail (all but 45 suspended), $724 fines and assessments, and one year probation with conditions, including no illegal drug or alcohol use and no operation of a motor vehicle (SOR ¶ 1.b.).	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	In early October 1999, a warrant for issued for the unpaid fines. Twelve days later, Applicant posted cash bail of $1,000 to be applied to the fines (SOR ¶ 1.c.).	Against Applicant	Probation or Court Order Violation	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.d	In early February 1996, he pleaded guilty and was sentenced to 60 days and $525 in fines and assessments (SOR ¶ 1.d.).	Against Applicant	Traffic Offense Pattern	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	In December 1994, his license was again revoked for an indefinite period. Applicant had not paid the fine by the following November, and a warrant was issued for his arrest (SOR ¶ 1.e.).	Against Applicant	Probation or Court Order Violation	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.f	In late February 1993, Applicant was arrested for operating a motor vehicle after license revoked, and it led to him being indicted in April 1993 for habitual offender, a class C crime. A warrant was issued for his arrest in May 1993 when he failed to appear for his arraignment. The charge was dismissed in March 1994 on acceptance of his plea to operating after suspension (SOR ¶ 1.f., ¶ 1.g.), for which he was sentenced to seven days in jail and $510 in fines and assessments.	Against Applicant	Traffic Offense Pattern	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	In June 1994, he was indicted for habitual offender, class C, to which he pleaded guilty that November and was sentenced to 30 days in jail, execution stayed on approval of home release monitoring, and $575 in fines and costs (SOR ¶ 1.g.).	Against Applicant	Traffic Offense Pattern	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.h	In May 1992, Applicant was indicted on a charge of habitual offender (operating after suspension). In late September 1992, he pleaded guilty and was sentenced to 48 hours in jail, and fined $440 (SOR ¶ 1.h.).	Against Applicant	Traffic Offense Pattern	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.i	Applicant was arrested in April 1984 (SOR ¶ 1.i.) and September 1984 (SOR ¶ 1.j.) on larceny and failure to appear charges, and in January 1989 for threatening, reckless endangerment, and disorderly conduct (SOR ¶ 1.k.) but Applicant does not recall these arrests, and there is no evidence he was convicted of these offenses.	For Applicant	Multiple Arrests Pattern	Arrested Not Charged	Denied	—	—	—
1.j	In September 1979, he was fined $25 for failure to appear 2nd (SOR ¶ 1.j.). The offense for which he failed to show in court is not of record.	Against Applicant	Probation or Court Order Violation	Conduct No Charge	Denied	—	—	—
1.k	Following a strike at company A in 1975, Applicant started working for another defense contractor where he was granted a clearance. After paying a $25 fine for a disorderly conduct offense in November 1976 (SOR ¶ 1.k.), Applicant broke into the dog pound to free his dog that same month. Charges of theft of dog and burglary 3rd were dismissed in late January 1977. Another count of criminal mischief 3rd was nolle prossed (SOR ¶ 1.l.).	For Applicant	Trespassing or Burglary	Dismissed or Nolle Prossed	Denied	—	—	—
1.l	In May 1979, Applicant was found guilty and fined $250 for a criminal assault (SOR ¶ 1.m.).	Against Applicant	Assault or Battery	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.m	In September 2000, he was arrested for aggravated trafficking or furnishing a schedule drug, a felony, after marijuana plants were found growing on his property. He was also charged with criminal forfeiture of several firearms seized during a lawful search for marijuana (SOR ¶ 1.n.).	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.n	In September 1979, he was fined $25 for failure to appear 2nd (SOR ¶ 1.o.). The offense for which he failed to show in court is not of record.	Against Applicant	Probation or Court Order Violation	Conduct No Charge	Denied	—	—	—
1.o	In late January 1977, charges of theft of dog and burglary 3rd were dismissed. Another count of criminal mischief 3rd was nolle prossed (SOR ¶ 1.p.).	For Applicant	Vandalism or Property Damage	Dismissed or Nolle Prossed	Denied	—	—	—
1.p	In November 1976, Applicant paid a $25 fine for a disorderly conduct offense (SOR ¶ 1.q.).	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
1.q	In September 2000, he was arrested for aggravated trafficking or furnishing a schedule drug, a felony, after marijuana plants were found growing on his property. He was also charged with criminal forfeiture of several firearms seized during a lawful search for marijuana (SOR ¶ 1.r.).	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.r	In February 2001, he pleaded guilty to an amended charge of cultivation of marijuana, a class D offense, and to criminal forfeiture, and was sentenced to 364 days in jail, all but 45 days suspended, placed on probation for one year with random drug testing, and to pay a $10 assessment (SOR ¶ 1.s.).	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.s	In September 2000, he was arrested for aggravated trafficking or furnishing a schedule drug, a felony, after marijuana plants were found growing on his property. He was also charged with criminal forfeiture of several firearms seized during a lawful search for marijuana (SOR ¶ 1.t.).	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	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested in September 2000 for aggravated trafficking or furnishing a schedule drug, a felony, after marijuana plants were found growing on his property. He was also charged with criminal forfeiture of several firearms seized during a lawful search for marijuana (SOR ¶ 1.a.).

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.b

In February 2000, he was indicted on charges of OUI, a class D crime, and habitual offender, a class C crime. The habitual offender charge was dismissed on his plea of guilty to OUI. He was sentenced in October 2000 to 364 days in jail (all but 45 suspended), $724 fines and assessments, and one year probation with conditions, including no illegal drug or alcohol use and no operation of a motor vehicle (SOR ¶ 1.b.).

Against Applicant

DUI or DWI Criminal

Convicted

Denied

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

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

—

1.c

In early October 1999, a warrant for issued for the unpaid fines. Twelve days later, Applicant posted cash bail of $1,000 to be applied to the fines (SOR ¶ 1.c.).

Against Applicant

Probation or Court Order Violation

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.d

In early February 1996, he pleaded guilty and was sentenced to 60 days and $525 in fines and assessments (SOR ¶ 1.d.).

Against Applicant

Traffic Offense Pattern

Convicted

Denied

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

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

—

1.e

In December 1994, his license was again revoked for an indefinite period. Applicant had not paid the fine by the following November, and a warrant was issued for his arrest (SOR ¶ 1.e.).

Against Applicant

Probation or Court Order Violation

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.f

In late February 1993, Applicant was arrested for operating a motor vehicle after license revoked, and it led to him being indicted in April 1993 for habitual offender, a class C crime. A warrant was issued for his arrest in May 1993 when he failed to appear for his arraignment. The charge was dismissed in March 1994 on acceptance of his plea to operating after suspension (SOR ¶ 1.f., ¶ 1.g.), for which he was sentenced to seven days in jail and $510 in fines and assessments.

Against Applicant

Traffic Offense Pattern

Convicted

Denied

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

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

—

1.g

In June 1994, he was indicted for habitual offender, class C, to which he pleaded guilty that November and was sentenced to 30 days in jail, execution stayed on approval of home release monitoring, and $575 in fines and costs (SOR ¶ 1.g.).

Against Applicant

Traffic Offense Pattern

Convicted

Denied

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

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

—

1.h

In May 1992, Applicant was indicted on a charge of habitual offender (operating after suspension). In late September 1992, he pleaded guilty and was sentenced to 48 hours in jail, and fined $440 (SOR ¶ 1.h.).

Against Applicant

Traffic Offense Pattern

Convicted

Denied

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

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

—

1.i

Applicant was arrested in April 1984 (SOR ¶ 1.i.) and September 1984 (SOR ¶ 1.j.) on larceny and failure to appear charges, and in January 1989 for threatening, reckless endangerment, and disorderly conduct (SOR ¶ 1.k.) but Applicant does not recall these arrests, and there is no evidence he was convicted of these offenses.

For Applicant

Multiple Arrests Pattern

Arrested Not Charged

Denied

—

1.j

In September 1979, he was fined $25 for failure to appear 2nd (SOR ¶ 1.j.). The offense for which he failed to show in court is not of record.

Against Applicant

Probation or Court Order Violation

Conduct No Charge

Denied

—

1.k

Following a strike at company A in 1975, Applicant started working for another defense contractor where he was granted a clearance. After paying a $25 fine for a disorderly conduct offense in November 1976 (SOR ¶ 1.k.), Applicant broke into the dog pound to free his dog that same month. Charges of theft of dog and burglary 3rd were dismissed in late January 1977. Another count of criminal mischief 3rd was nolle prossed (SOR ¶ 1.l.).

For Applicant

Trespassing or Burglary

Dismissed or Nolle Prossed

Denied

—

1.l

In May 1979, Applicant was found guilty and fined $250 for a criminal assault (SOR ¶ 1.m.).

Against Applicant

Assault or Battery

Convicted

Denied

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

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

—

1.m

In September 2000, he was arrested for aggravated trafficking or furnishing a schedule drug, a felony, after marijuana plants were found growing on his property. He was also charged with criminal forfeiture of several firearms seized during a lawful search for marijuana (SOR ¶ 1.n.).

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.n

In September 1979, he was fined $25 for failure to appear 2nd (SOR ¶ 1.o.). The offense for which he failed to show in court is not of record.

Against Applicant

Probation or Court Order Violation

Conduct No Charge

Denied

—

1.o

In late January 1977, charges of theft of dog and burglary 3rd were dismissed. Another count of criminal mischief 3rd was nolle prossed (SOR ¶ 1.p.).

For Applicant

Vandalism or Property Damage

Dismissed or Nolle Prossed

Denied

—

1.p

In November 1976, Applicant paid a $25 fine for a disorderly conduct offense (SOR ¶ 1.q.).

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

1.q

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.r

In February 2001, he pleaded guilty to an amended charge of cultivation of marijuana, a class D offense, and to criminal forfeiture, and was sentenced to 364 days in jail, all but 45 days suspended, placed on probation for one year with random drug testing, and to pay a $10 assessment (SOR ¶ 1.s.).

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.s

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

—

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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