ISCR Case 06-07842.h1

Case Headnote

ISCR Case No. 06-07842.h1

grantedSep 19, 2006· Hon. Shari Dam· hearing

Summary

A 26-year-old government employee in health benefits administration was granted a security clearance despite concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant's history included multiple alcohol-related incidents: arrests for Operating While Intoxicated in May 2000 and August 2003 (2nd Offense), and an underage drinking arrest in June 2000. He was also charged with disorderly conduct in June 2004, which was dismissed. Additionally, the applicant failed to disclose two criminal charges on his security clearance application.

The Statement of Reasons cited deliberate omissions and falsifications, as well as three minor alcohol-related criminal convictions. However, the judge found that the applicant had mitigated these concerns. Evidence showed significant rehabilitation since his last alcohol-related incident in 2003.

The applicant provided credible explanations for the omissions on his application, which were accepted as not indicative of an intent to deceive. Positive performance evaluations from his employer further supported his trustworthiness and reliability. Based on these factors, the applicant was granted eligibility for assignment to sensitive duties.

Why the Applicant Prevailed

The applicant demonstrated significant rehabilitation since his last alcohol-related incident in 2003.
He provided credible explanations for the omissions on his security clearance application, indicating no intent to deceive.
Positive performance evaluations from his employer supported his trustworthiness and reliability.

Conditions Referenced

Disqualifying

DC 1raisedAlcohol-related Incidents Away From Work
DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
DC 2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts

Mitigating

MC 2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
MC 3appliedPositive Changes in Behavior Supportive of Sobriety
MC 1appliedThe Behavior Was Not Recent
MC 5appliedThere Is Clear Evidence of Successful Rehabilitation

Key Rule Quoted

“Proof of an omission, standing alone, does not establish or prove an applicant's state of mind when the omission occurred.”
— ISCR Case No. 03-09483 at 4 (App. Bd. Nov. 17, 2004)

Procedural Posture

SOR issuedMay 17, 2006
Answer filedMay 30, 2006
Hearing heldAug 23, 2006
Decision dateSep 19, 2006

Cite For

Mitigation of Alcohol-related Conduct Under Guideline G
Credibility of Applicant's Explanations for Omissions Under Guideline E
Successful Rehabilitation and Positive Performance Evaluations as Mitigating Factors Under Guideline J

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
3.a	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits, or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits, or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was arrested and charged with Operating While Intoxicated in May 2000.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.b	The applicant was arrested for underage drinking in June 2000.	For Applicant	Underage Drinking	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.c	The applicant was arrested and charged with Operating While Intoxicated, 2nd Offense in August 2003.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.d	The applicant was charged with disorderly conduct in June 2004, which was dismissed.	For Applicant	Unspecified Alcohol Incident	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was arrested and charged with Operating While Intoxicated in May 2000.

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(b) alcohol-related incident at work

(b) acknowledges the pattern and has established modified use or abstinence

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.b

The applicant was arrested for underage drinking in June 2000.

For Applicant

Underage Drinking

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(b) alcohol-related incident at work

(b) acknowledges the pattern and has established modified use or abstinence

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.c

The applicant was arrested and charged with Operating While Intoxicated, 2nd Offense in August 2003.

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(b) alcohol-related incident at work

(b) acknowledges the pattern and has established modified use or abstinence

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.d

The applicant was charged with disorderly conduct in June 2004, which was dismissed.

For Applicant

Unspecified Alcohol Incident

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(b) alcohol-related incident at work

(b) acknowledges the pattern and has established modified use or abstinence

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The applicant was convicted of three minor crimes which involved the consumption of alcohol.	For 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	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	Credited No Subsequent Offenses Credited Rehabilitation Evidence
2.b	The applicant did not disclose two criminal charges when completing his application for access to sensitive information.	For 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	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	Credited Acknowledgment and Remorse

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The applicant was convicted of three minor crimes which involved the consumption of alcohol.

For 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

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

Credited

No Subsequent Offenses

Credited

Rehabilitation Evidence

2.b

The applicant did not disclose two criminal charges when completing his application for access to sensitive information.

For 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

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

Credited

Acknowledgment and Remorse

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

PROCEDURAL MATTERS

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES