ISCR Case 04-09022.h1

Case Headnote

ISCR Case No. 04-09022.h1

deniedMay 25, 2006· Hon. Shari Dam· hearing

Summary

A 40-year-old graphics specialist for a federal contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant had an 18-year history of alcohol-related and criminal offenses, failed to disclose a prior alcohol-related offense and treatment on his application, and had significant unresolved delinquent debt.

Specific criminal conduct included a June 1997 arrest for Battery-Domestic Violence after alcohol consumption, resulting in a no contest plea and a suspended sentence contingent on anger management. In May 2001, he was arrested for Driving While License Still Revoked, Failure to Exhibit Evidence of Registration, and Failure to Carry Proof of Financial Responsibility, pleading no contest to the driving charge and receiving a suspended jail sentence, fine, and probation. In April 2002, he was arrested for Aggravated Assault Against a Household Member, pleading no contest to the misdemeanor of Attempt to Commit Aggravated Assault on Household Member, receiving a suspended jail sentence and probation.

Additionally, the applicant accrued significant delinquent debt, including two unpaid judgments, utility bills, and credit card debt, which he admitted owing but had not resolved. He also deliberately failed to disclose an alcohol-related offense and treatment received in 1998 on his security clearance application. The judge determined that the applicant did not mitigate the security concerns related to his alcohol consumption, criminal conduct, financial issues, and personal conduct, leading to the denial of his security clearance.

Why the Applicant Was Denied

Applicant has a long history of alcohol-related offenses and criminal conduct.
He failed to disclose relevant information on his security clearance application.
Applicant has significant unresolved delinquent debts.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol Consumption Disqualifying Condition
E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol
E2.A7.1.2.6raisedConsumption of Alcohol After Diagnosis of Alcoholism
E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
E2.A5.1.2.2raisedDeliberate Omission or Concealment of Relevant Facts

Key Rule Quoted

“The decision to deny an individual a security clearance request to an individual is not necessarily a judgment of the applicant's loyalty.”
— Executive Order 10865, § 7.

Procedural Posture

SOR issuedNov 25, 2005
Answer filedDec 1, 2005Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decided on written record.
Decision dateMay 25, 2006

Cite For

Failure to Disclose Relevant Information on Security Clearance Applications
Long History of Alcohol-related Offenses Impacting Security Clearance
Significant Unresolved Delinquent Debts Affecting Security 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
4.a	You deliberately failed to disclose that information as set forth under subparagraph 1.d.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
4.b	You failed to disclose the alcohol treatment you received in 1998.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	—	—	—
4.c	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

You deliberately failed to disclose that information as set forth under subparagraph 1.d.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

4.b

You failed to disclose the alcohol treatment you received in 1998.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

—

4.c

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant accrued significant delinquent debt over the years that he has been unable or unwilling to manage or resolve. $7,627	Against Applicant	Unspecified Financial	Admitted	—	—	—
3.b	Applicant admitted owing the debts contained in ¶¶ 3.b through 3.k. They consist of two unpaid judgments, utility bills, credit card debt, and other miscellaneous outstanding bills.	Against Applicant	Unspecified Financial	Admitted	—	—	—
3.c–3.k	9 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant accrued significant delinquent debt over the years that he has been unable or unwilling to manage or resolve.

$7,627

Against Applicant

Unspecified Financial

Admitted

—

3.b

Applicant admitted owing the debts contained in ¶¶ 3.b through 3.k. They consist of two unpaid judgments, utility bills, credit card debt, and other miscellaneous outstanding bills.

Against Applicant

Unspecified Financial

Admitted

—

3.c–3.k

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

Against Applicant

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a–1.l	12 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a–1.l

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

Against Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	In April 2002, Applicant was arrested and charged with Aggravated Assault Against a Household Member, a 4th degree felony. In June 2002, he pleaded no contest to the misdemeanor of Attempt to Commit Aggravated Assault on Household Member. He was sentenced to 364 days in jail, with 363 days suspended. He was placed on probation for 363 days.	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	—	—
2.b	In May 2001, Applicant was arrested and charged with three counts of misconduct: (1) Driving While License Still Revoked, (2) Failure to Exhibit Evidence of Registration, and (3) Failure to Carry Proof of Financial Responsibility. In July 2001, he pleaded no contest to Driving While License Still Revoked. He was sentenced to 364 days in jail, with 350 days suspended, fined, and placed on 350 days of unsupervised probation.	Against Applicant	Traffic Offense 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	—	—
2.c	In June 1997, Applicant was arrested and charged with Battery-Domestic Violence after consuming alcohol. In July 1997, he pleaded no contest and was sentenced to jail and fined. The sentence was suspended and deferred upon completion of an anger management program. In January 1998, the case was dismissed.	Against Applicant	Domestic Violence	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

2.a

In April 2002, Applicant was arrested and charged with Aggravated Assault Against a Household Member, a 4th degree felony. In June 2002, he pleaded no contest to the misdemeanor of Attempt to Commit Aggravated Assault on Household Member. He was sentenced to 364 days in jail, with 363 days suspended. He was placed on probation for 363 days.

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

—

2.b

In May 2001, Applicant was arrested and charged with three counts of misconduct: (1) Driving While License Still Revoked, (2) Failure to Exhibit Evidence of Registration, and (3) Failure to Carry Proof of Financial Responsibility. In July 2001, he pleaded no contest to Driving While License Still Revoked. He was sentenced to 364 days in jail, with 350 days suspended, fined, and placed on 350 days of unsupervised probation.

Against Applicant

Traffic Offense 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

—

2.c

In June 1997, Applicant was arrested and charged with Battery-Domestic Violence after consuming alcohol. In July 1997, he pleaded no contest and was sentenced to jail and fined. The sentence was suspended and deferred upon completion of an anger management program. In January 1998, the case was dismissed.

Against Applicant

Domestic Violence

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

PROCEDURAL MATTERS

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES