ISCR Case 04-09468.h1

Case Headnote

ISCR Case No. 04-09468.h1

deniedDec 28, 2005· Hon. Joan Caton Anthony· hearing

Summary

A 45-year-old electrical engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant had a history of alcohol consumption from approximately 1978 to at least July 2004, which included multiple alcohol-related arrests and convictions. These incidents included arrests in 1980 for Driving While Intoxicated (reduced to Speeding), in 1984 for felony Endangerment (resulting from an intoxicated driving accident), in 1992 for Driving While Intoxicated (reduced to Reckless Driving), and in 2001 for Driving Under the Influence. The 1984 conviction resulted in three years of probation, 300 hours of community service, and restitution. The 1992 and 2001 incidents also led to court-ordered alcohol education and counseling.

Additionally, the applicant falsified his security clearance applications (SF-86) on multiple occasions, including versions from June 26, 2001, and November 13, 2002. He failed to disclose several alcohol-related arrests and convictions, as well as court-ordered alcohol counseling. Specifically, he did not list arrests from 1980, 1984, 1992, and 2001, nor his felony Endangerment conviction from 1984. He also omitted the court-ordered alcohol counseling from his 2001 Driving While Intoxicated conviction.

The judge determined that the applicant's admitted history of excessive alcohol consumption and four alcohol-related arrests constituted a pattern of criminal activity. Furthermore, the deliberate falsifications on his SF-86 were considered criminal conduct. The applicant failed to mitigate these concerns, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to multiple alcohol-related arrests and convictions, demonstrating a pattern of excessive alcohol consumption.
The applicant falsified material information on his security clearance application regarding his alcohol-related arrests and treatment.
The applicant's ongoing use of alcohol and lack of acknowledgment of its impact on his life raised serious concerns about his judgment and reliability.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol Consumption - Excessive Alcohol Consumption
E2.A7.1.2.5raisedAlcohol Consumption - Habitual Consumption of Alcohol to the Point of Impaired Judgment
E2.A5.1.2.2raisedPersonal Conduct - Falsification of Material Facts
E2.A5.1.2.4raisedPersonal Conduct - Vulnerability to Coercion Due to Dishonesty
E2.A10.1.2.1raisedCriminal Conduct - History of Criminal Activity Raises Doubts About Judgment
E2.A10.1.2.2raisedCriminal Conduct - Deliberate Falsifications Raise Security Concerns

Mitigating

E2.A7.1.3.1rejectedAlcohol Consumption - No Pattern of Excessive Alcohol ConsumptionThe applicant's history indicates a pattern of excessive alcohol consumption.
E2.A7.1.3.2rejectedAlcohol Consumption - Problem Occurred Years Ago with No Recent IssuesThe applicant's alcohol-related incidents are not isolated and indicate ongoing issues.
E2.A7.1.3.3rejectedAlcohol Consumption - Positive Changes in Behavior Supportive of SobrietyThe applicant did not demonstrate positive changes in behavior.
E2.A5.1.3.1rejectedPersonal Conduct - Isolated Incidents of FalsificationThe applicant's falsifications were not isolated and were recent.
E2.A5.1.3.2rejectedPersonal Conduct - Provided Correct Information VoluntarilyThe applicant's corrections were not timely and did not mitigate the concerns.
E2.A10.1.3.1rejectedCriminal Conduct - Recent Criminal Conduct Is Not a ConcernThe applicant's criminal conduct is part of a pattern and not isolated.
E2.A10.1.3.6rejectedCriminal Conduct - Evidence of Successful RehabilitationThe applicant failed to present evidence of successful rehabilitation.

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedJun 13, 2005
Answer filedJun 27, 2005
Hearing held—Applicant requested decision on the record without a hearing.
Decision dateDec 28, 2005

Cite For

Denial of Security Clearance Due to Pattern of Alcohol-related Arrests and Convictions
Falsification of Material Facts on Security Clearance Application as a Disqualifying Factor
Ongoing Alcohol Use as a Concern for Security Worthiness

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 answered "no" to Question 24 on the SF-86, failing to list his alcohol-related arrests in 1980, 1984, 1992, and 2001.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
2.b	Applicant falsified his response to Question 30 on the SF-86 by failing to list the alcohol counseling ordered by the court when he was found guilty of Driving While Intoxicated in June 2001.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
2.c	Applicant admitted and listed only one alcohol-related offense in his response to Question 24 when he knew he had been charged with three additional alcohol-related offenses which he did not list.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
2.d	Applicant falsified his response to Question 30 on both the June 26, 2001 and November 13, 2002 versions of his SF-86 by deliberately failing to list the alcohol counseling ordered by the court when he was found guilty of Driving While Intoxicated in June 2001.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
2.e	Applicant did not list his felony conviction for Endangerment in February 1984 on the SF-86 he completed and certified on November 13, 2002.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant answered "no" to Question 24 on the SF-86, failing to list his alcohol-related arrests in 1980, 1984, 1992, and 2001.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

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

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

—

2.b

Applicant falsified his response to Question 30 on the SF-86 by failing to list the alcohol counseling ordered by the court when he was found guilty of Driving While Intoxicated in June 2001.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

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

—

2.c

Applicant admitted and listed only one alcohol-related offense in his response to Question 24 when he knew he had been charged with three additional alcohol-related offenses which he did not list.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

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

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

—

2.d

Applicant falsified his response to Question 30 on both the June 26, 2001 and November 13, 2002 versions of his SF-86 by deliberately failing to list the alcohol counseling ordered by the court when he was found guilty of Driving While Intoxicated in June 2001.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

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

—

2.e

Applicant did not list his felony conviction for Endangerment in February 1984 on the SF-86 he completed and certified on November 13, 2002.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

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

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant consumed alcohol, at times to the point of intoxication, from approximately 1978 to at least July 2004.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.b	In September 1980, he was arrested and charged with (1) Driving While Intoxicated and (2) Failure to Drive in One Lane, and that he was found guilty of a reduced charge of (1) Speeding, paid a fine of $112.00, and Count (2) was suspended.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.c	In about February 1984 he was indicted on charges of (1) Manslaughter, a felony, and (2) Endangerment, a felony, resulting from an accident that occurred while he was driving while intoxicated, and the charges were amended to two counts of Endangerment, to which he pled no contest, was sentenced to three years of probation, ordered to work 300 hours in a work order program, and to pay restitution of $2,323.00.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.d	He was arrested in March 1992 and charged with Driving While Intoxicated, found guilty of a reduced charge of Reckless Driving, and ordered to attend four weekend classes on alcohol abuse.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.e	He was arrested in June 2001 and charged with Driving Under the Influence, found guilty, incarcerated for one day, fined $423.00, and ordered to attend 36 hours of alcohol education classes and five Alcoholics Anonymous meetings.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant consumed alcohol, at times to the point of intoxication, from approximately 1978 to at least July 2004.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

1.b

In September 1980, he was arrested and charged with (1) Driving While Intoxicated and (2) Failure to Drive in One Lane, and that he was found guilty of a reduced charge of (1) Speeding, paid a fine of $112.00, and Count (2) was suspended.

Against Applicant

DUI or DWI Alcohol

Admitted

—

1.c

In about February 1984 he was indicted on charges of (1) Manslaughter, a felony, and (2) Endangerment, a felony, resulting from an accident that occurred while he was driving while intoxicated, and the charges were amended to two counts of Endangerment, to which he pled no contest, was sentenced to three years of probation, ordered to work 300 hours in a work order program, and to pay restitution of $2,323.00.

Against Applicant

DUI or DWI Alcohol

Admitted

—

1.d

He was arrested in March 1992 and charged with Driving While Intoxicated, found guilty of a reduced charge of Reckless Driving, and ordered to attend four weekend classes on alcohol abuse.

Against Applicant

DUI or DWI Alcohol

Admitted

—

1.e

He was arrested in June 2001 and charged with Driving Under the Influence, found guilty, incarcerated for one day, fined $423.00, and ordered to attend 36 hours of alcohol education classes and five Alcoholics Anonymous meetings.

Against Applicant

DUI or DWI Alcohol

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant's admitted history of excessive alcohol consumption and four alcohol-related arrests and convictions, specified in allegations ¶¶ 1.a., 1.b., 1.c., 1.d., and 1.e. under Guideline G, constituted a history or pattern of criminal activity under Guideline J of the Directive.	Against Applicant	DUI or DWI 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	—	—
3.b	Applicant's falsifications on his SF-86, alleged in ¶¶ 2.a, 2.b., 2.c., 2.d., and 2.e. under Guideline E of the SOR, were deliberate and intentional pursuant 18 U.S.C. § 1001 and constituted criminal conduct under Guideline J of the Directive.	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

3.a

Applicant's admitted history of excessive alcohol consumption and four alcohol-related arrests and convictions, specified in allegations ¶¶ 1.a., 1.b., 1.c., 1.d., and 1.e. under Guideline G, constituted a history or pattern of criminal activity under Guideline J of the Directive.

Against Applicant

DUI or DWI 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

—

3.b

Applicant's falsifications on his SF-86, alleged in ¶¶ 2.a, 2.b., 2.c., 2.d., and 2.e. under Guideline E of the SOR, were deliberate and intentional pursuant 18 U.S.C. § 1001 and constituted criminal conduct under Guideline J of the Directive.

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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES