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ISCR Case 06-26394.h1 — CASE

Case record

ISCR Case 06-26394.h1

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date9/28/2007
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Jacqueline T. Williams
Government Counsel: Francisco Mendez
Applicant's Counsel: Joseph P. Smith III
Case Summary
The applicant, a 37-year-old design engineer for a defense contractor since 2005, faced security concerns under Guideline J (Criminal Conduct) and Guideline G (Alcohol Consumption) due to multiple DUI convictions in 2000 and 2003, as well as a conviction for driving on a suspended license in 2004. The Statement of Reasons outlined these issues, highlighting the applicant's history of alcohol-related offenses and the resulting legal consequences, including jail time and probation.
During the proceedings, the applicant admitted to the allegations and provided evidence of his rehabilitation. He had abstained from alcohol during his probation from 2004 until January 2007 and now consumes alcohol occasionally, ensuring he does not drive after drinking. Testimonies from his wife and colleagues supported his claims of positive behavioral changes since his incarceration, indicating that he had learned from his past mistakes and was committed to responsible alcohol use.
The administrative judge ruled in favor of the applicant, concluding that he had successfully mitigated the security concerns related to his criminal conduct and alcohol consumption. The judge noted the applicant's significant time without recurrence of criminal activity, his acknowledgment of past issues, and the positive changes in his lifestyle, determining that granting a security clearance was consistent with national interests.
Guidelines Evaluated
- Guideline GAlcohol Consumption · For Applicant
- Guideline JCriminal Conduct · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 06-26394.h1

grantedSep 28, 2007· Hon. Jacqueline T. Williams· hearing

Summary

A 37-year-old design engineer was granted a security clearance despite initial concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons cited two DUI convictions in 2000 and 2003, which resulted in license suspensions, jail time, and court-ordered counseling. These incidents raised disqualifying conditions related to alcohol-related incidents and criminal conduct.

However, the administrative judge found that the applicant had successfully mitigated these concerns. He demonstrated a significant change in behavior by abstaining from alcohol during his probation period and modifying his overall drinking habits. This was supported by witness testimony affirming his positive changes and suitability for a security clearance.

Key factors in the decision included the applicant's successful completion of all court-ordered counseling and the absence of any further criminal activity since the incidents. The judge concluded that the applicant had demonstrated sufficient rehabilitation, making him suitable for access to classified information.

Why the Applicant Prevailed

The applicant abstained from alcohol during probation and demonstrated a change in behavior regarding alcohol consumption.
Witnesses testified to the applicant's positive changes and support for his application for security clearance.
The applicant's successful completion of court-ordered counseling and absence of further criminal activity were significant factors.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(g)raisedFailure to Follow Any Court Order Regarding Alcohol Education
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 32(c)raisedAllegation or Admission of Criminal Conduct

Mitigating

AG ¶ 23(b)appliedAcknowledgment of Alcohol Issues and Evidence of Actions Taken to Overcome Them
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“Criminal conduct under Guideline J may be a security concern because 'criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness.'”
— AG ¶ 31

Procedural Posture

SOR issuedMay 2, 2007
Answer filed—
Hearing heldAug 8, 2007Hearing rescheduled from August 1, 2007.
Decision dateSep 28, 2007

Cite For

Successful Rehabilitation Under Guideline G
Mitigating Factors for Criminal Conduct Under Guideline J
Impact of Personal Testimony on Security Clearance Decisions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline G (Alcohol Consumption) · descriptive summary of a decided case

Posture: HearingDecided: grantedTREATMENT COMPLETED · FAVORABLE

The judge found that the applicant had alcohol-related incidents leading to DUI convictions but ultimately ruled in favor of the applicant regarding the alcohol consumption concerns. The applicant demonstrated a pattern of responsible use and acknowledged past issues with alcohol, which contributed to the decision to grant the security clearance.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant had alcohol-related incidents leading to DUI convictions and counseling requirements.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (g) failure to follow a court order regarding alcohol	(b) acknowledges the pattern and has established modified use or abstinence	—
2.b	specific text not stated in this decision	For Applicant	Unspecified Alcohol Incident	Unknown	—	—	—

Descriptive standardized rendering of a decided public case (Guideline G). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant had two DUI convictions in 2000 and 2003, which resulted in license suspensions and jail time. Despite these convictions, the judge ruled in favor of the applicant, concluding that he had mitigated the concerns related to his criminal conduct and alcohol consumption, ultimately granting him a security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was convicted for DUI in 2000 and 2003, leading to license suspensions and jail time.	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	(b) pressured/coerced and unlikely to recur absent that pressure	—
1.b–1.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.