ISCR Case 04-04509.h1

Case Headnote

ISCR Case No. 04-04509.h1

deniedOct 13, 2005· Hon. Thomas M. Crean· hearing

Summary

A 51-year-old technical writer for a defense contractor, who had held a security clearance since 1985, was denied a security clearance based on concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal conduct and significant omissions on his security clearance application.

The applicant had five criminal convictions, including charges for possession of marijuana in 1976 and 1989, consuming alcohol in a vehicle in 1994, and driving under the influence in both 1994 and November 2000. Additionally, in December 2001, he was found guilty of driving with a suspended license.

Crucially, the applicant failed to disclose multiple offenses on his security clearance application. He listed only one driving while intoxicated offense, the December 2000 incident, despite having five alcohol or drug-related charges. He also answered "NO" to a question about other offenses in the last seven years, even though he had been arrested for driving on a suspended license. These omissions, attributed to fear of job loss, were central to the denial.

Why the Applicant Was Denied

The applicant had multiple criminal convictions, including drug possession and driving under the influence, which raised security concerns.
The applicant provided false information on his security clearance application, failing to disclose several criminal offenses.

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.A5.1.2.3raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts

Mitigating

E2.A10.1.3.3rejectedThe Criminal Behavior Was Not RecentWhile some offenses were old, the applicant's criminal activity continued as recently as 2002.
E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentThe applicant had a pattern of criminal behavior, not isolated incidents.
E2.A10.1.3.6rejectedClear Evidence of Successful RehabilitationThe applicant's continued alcohol consumption and false statements indicated a lack of successful rehabilitation.
E2.A5.1.3.1rejectedThe Information Was Unsubstantiated or Not PertinentThe applicant's dishonesty directly impacted his trustworthiness.
E2.A5.1.3.3rejectedPrompt, Good-faith Efforts to Correct the FalsificationThe applicant did not correct the false statements until confronted by investigators.

Key Rule Quoted

“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
— Egan, 484 U.S. at 531; see Directive ¶ E2.2.2.

Procedural Posture

SOR issuedMar 28, 2005
Answer filedApr 4, 2005
Hearing held—Applicant elected to have the matter decided on the written record.
Decision dateOct 13, 2005

Cite For

Disqualifying Conditions Related to Criminal Conduct Under Guideline J
Disqualifying Conditions Related to Personal Conduct Under Guideline E
The Impact of False Statements 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	Applicant listed only one driving while intoxicated offense, the December 2000 offense, in response to question 24 on his security clearance application asking if he had ever been charged with or convicted of an offense involving alcohol or drugs. In fact, Applicant had been charged with five alcohol or drug offenses.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(b) deliberately providing false information to an investigator or official	—	—
2.b	Applicant answered "NO" to question 26 on his security clearance application asking in the last 7 years had he been arrested, charged, or convicted, of any other offense not already listed on the form. In fact, Applicant had been arrested for driving on a suspended license.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant listed only one driving while intoxicated offense, the December 2000 offense, in response to question 24 on his security clearance application asking if he had ever been charged with or convicted of an offense involving alcohol or drugs. In fact, Applicant had been charged with five alcohol or drug offenses.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

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

—

2.b

Applicant answered "NO" to question 26 on his security clearance application asking in the last 7 years had he been arrested, charged, or convicted, of any other offense not already listed on the form. In fact, Applicant had been arrested for driving on a suspended license.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested and charged with possession of marijuana in 1976. There is no information concerning the disposition of these charges, and Applicant does not remember the disposition.	Against Applicant	Drug Related Criminal Charge	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	Applicant was arrested and charged with possession of marijuana and drug paraphernalia in 1989. He was found guilty of the possession of marijuana charge and sentenced to probation for one year and to pay a fine.	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.c	Applicant was charged with and convicted of consuming alcohol in a vehicle in 1994, and sentenced to pay a fine.	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.d	Applicant was charged with and convicted of driving under the influence of alcohol in 1994, and sentenced to a fine.	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.e	Applicant was charged with and convicted of driving under the influence of alcohol in November, 2000. He was sentenced to pay a fine, perform community service, attend alcohol and driving classes, and his driver's license was suspended.	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.f	In December 2001, Applicant was charged with and found guilty of driving with a suspended license, and sentenced to a fine and an additional year suspension of his driver's license.	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.g	Applicant listed only one driving while intoxicated offense, the December 2000 offense, in response to question 24 on his security clearance application asking if he had ever been charged with or convicted of an offense involving alcohol or drugs. In fact, Applicant had been charged with five alcohol or drug offenses.	Against Applicant	Fraud or Deception Criminal	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 was arrested and charged with possession of marijuana in 1976. There is no information concerning the disposition of these charges, and Applicant does not remember the disposition.

Against Applicant

Drug Related Criminal Charge

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

Applicant was arrested and charged with possession of marijuana and drug paraphernalia in 1989. He was found guilty of the possession of marijuana charge and sentenced to probation for one year and to pay a fine.

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.c

Applicant was charged with and convicted of consuming alcohol in a vehicle in 1994, and sentenced to pay a fine.

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.d

Applicant was charged with and convicted of driving under the influence of alcohol in 1994, and sentenced to a fine.

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.e

Applicant was charged with and convicted of driving under the influence of alcohol in November, 2000. He was sentenced to pay a fine, perform community service, attend alcohol and driving classes, and his driver's license was suspended.

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.f

In December 2001, Applicant was charged with and found guilty of driving with a suspended license, and sentenced to a fine and an additional year suspension of his driver's license.

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.g

Against Applicant

Fraud or Deception Criminal

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