ISCR Case 04-03608.h1

Case Headnote

ISCR Case No. 04-03608.h1

deniedJan 31, 2006· Hon. David S. Bruce· hearing

Summary

A 33-year-old logistics specialist for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal conduct and a failure to disclose these incidents on three security clearance applications.

The applicant had been arrested or charged with various criminal offenses on eight occasions between 1993 and May 2003. These included Non-Judicial Punishment for underage drinking and disorderly conduct in 1993, and charges for burglary, assault, and malicious injury to property in 1994, which did not result in a conviction. In 2001, a domestic dispute was investigated, but no charges were filed. In 2002, the applicant faced charges for Driving While Under the Influence and an Open Container violation, which were dismissed. He was found guilty of fraud charges related to unemployment benefits in 2002, paying a fine of about $450.00. Later that year, felony kidnapping and sexual conduct charges initiated by his former wife were dismissed. In May 2003, he was convicted of Endangering Medical Services Personnel and fined $625.00.

Crucially, the applicant failed to disclose any of these incidents on security clearance applications submitted in 1998, 2000, and 2003. The judge determined that the applicant did not mitigate the security concerns raised by his past behavior, citing his multiple criminal offenses, the failure to disclose significant criminal history, and a lack of demonstrated rehabilitation or commitment to a law-abiding lifestyle.

Why the Applicant Was Denied

Applicant had a history of multiple criminal offenses, including fraud and endangering medical personnel.
He failed to disclose significant criminal history on three separate security clearance applications.
The applicant did not demonstrate rehabilitation or a commitment to a law-abiding lifestyle.

Conditions Referenced

Disqualifying

E2.A10.1.2.1appliedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
E2.A10.1.2.2appliedA Single Serious Crime or Multiple Lesser Offenses
E2.A5.1.2.2appliedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire

Key Rule Quoted

“The decision to deny a security clearance request to an individual is not necessarily a determination of the loyalty of the applicant.”

Procedural Posture

SOR issuedApr 7, 2005
Answer filedApr 26, 2005
Hearing heldNov 9, 2005
Decision dateJan 31, 2006

Cite For

Failure to Disclose Criminal History on Security Clearance Applications
Impact of Multiple Criminal Offenses on Security Clearance Eligibility
Importance of Demonstrating Rehabilitation in Security Clearance Cases

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.g	7 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.g

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

Against Applicant

FOUND DELIBERATE

Criminal Conduct

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The applicant was arrested or charged with a variety of criminal offenses on eight occasions from 1993 to May 2003.	Against Applicant	Multiple Arrests Pattern	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.b	On July 30, 1993, the applicant received Non-Judicial Punishment under Articles 92 and 134 of the Uniform Code of Military Justice (UCMJ) for underage drinking and disorderly conduct.	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	—	—
1.c	In June 1994, the applicant was charged with Burglary, Assault and Battery, and Malicious Injury to Personal Property in a state court. The arrest did not result in a conviction.	Against Applicant	Assault or Battery	Arrested Not Charged	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	In December 2001, police investigated and filed an incident report concerning a domestic dispute between the applicant and his wife. No charges were filed as a result of the incident.	Against Applicant	Domestic Violence	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.e	On April 20, 2002, the applicant was charged with Driving While Under the Influence of Alcohol and an Open Container violation. The charges were ultimately dismissed.	Against Applicant	DUI or DWI Criminal	Dismissed or Nolle Prossed	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	On August 19, 2002, the applicant was arrested on fraud charges concerning alleged overpayment of unemployment benefits. He was found guilty of the offense and paid a fine of about $450.00.	Against Applicant	Fraud or Deception Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	On September 14, 2002, the applicant was charged with Felony Kidnaping and Sexual Conduct charges initiated by his former wife. The charges were ultimately dismissed.	Against Applicant	Sexual Offense Criminal	Dismissed or Nolle Prossed	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.h	On May 26, 2003, the applicant was convicted of Endangering Medical Services Personnel as a result of a motor vehicle incident and was fined $625.00.	Against Applicant	Unspecified Criminal Conduct	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.i	The applicant failed to disclose any of the incidents on three separate security clearance applications (SF 86) he submitted in 1998, 2000, and 2003.	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

1.a

The applicant was arrested or charged with a variety of criminal offenses on eight occasions from 1993 to May 2003.

Against Applicant

Multiple Arrests Pattern

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.b

On July 30, 1993, the applicant received Non-Judicial Punishment under Articles 92 and 134 of the Uniform Code of Military Justice (UCMJ) for underage drinking and disorderly conduct.

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

—

1.c

In June 1994, the applicant was charged with Burglary, Assault and Battery, and Malicious Injury to Personal Property in a state court. The arrest did not result in a conviction.

Against Applicant

Assault or Battery

Arrested Not Charged

Denied

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

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

—

1.d

In December 2001, police investigated and filed an incident report concerning a domestic dispute between the applicant and his wife. No charges were filed as a result of the incident.

Against Applicant

Domestic Violence

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.e

On April 20, 2002, the applicant was charged with Driving While Under the Influence of Alcohol and an Open Container violation. The charges were ultimately dismissed.

Against Applicant

DUI or DWI Criminal

Dismissed or Nolle Prossed

Denied

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

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

—

1.f

On August 19, 2002, the applicant was arrested on fraud charges concerning alleged overpayment of unemployment benefits. He was found guilty of the offense and paid a fine of about $450.00.

Against Applicant

Fraud or Deception Criminal

Convicted

Denied

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

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

—

1.g

On September 14, 2002, the applicant was charged with Felony Kidnaping and Sexual Conduct charges initiated by his former wife. The charges were ultimately dismissed.

Against Applicant

Sexual Offense Criminal

Dismissed or Nolle Prossed

Denied

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

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

—

1.h

On May 26, 2003, the applicant was convicted of Endangering Medical Services Personnel as a result of a motor vehicle incident and was fined $625.00.

Against Applicant

Unspecified Criminal Conduct

Convicted

Denied

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

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

—

1.i

The applicant failed to disclose any of the incidents on three separate security clearance applications (SF 86) he submitted in 1998, 2000, and 2003.

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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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision