ISCR Case 07-00502

Case Headnote

ISCR Case No. 07-00502

grantedOct 15, 2007· Hon. Noreen A. Lynch· hearing

Summary

A 36-year-old defense contractor was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons included multiple allegations, all of which the applicant admitted in his response, providing explanations for the incidents.

The disqualifying conditions raised included AG ¶ 31(a), AG ¶ 31(c), AG ¶ 22(b), and AG ¶ 22(c). However, the administrative judge applied several mitigating conditions: AG ¶ 32(a), AG ¶ 32(b), AG ¶ 32(d), and AG ¶ 23(a).

The decision to grant the clearance was based on the applicant demonstrating significant rehabilitation, with a considerable amount of time having passed since the last incident of criminal conduct. Key factors included his current stable family life, including custody of his son, and strong support and recommendations from his employer regarding his character and reliability.

Why the Applicant Prevailed

The applicant demonstrated significant rehabilitation and time elapsed since the last incident of criminal conduct.
The applicant's current stable family life and custody of his son were considered positive changes.
The applicant's employer provided strong support and recommendations for his character and reliability.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal Conduct Disqualifying Condition
AG ¶ 31(c)raisedCriminal Conduct Disqualifying Condition
AG ¶ 22(b)raisedAlcohol Consumption Disqualifying Condition
AG ¶ 22(c)raisedAlcohol Consumption Disqualifying Condition

Mitigating

AG ¶ 32(a)appliedCriminal Conduct Mitigating ConditionThe applicant's criminal behavior occurred a significant time ago and under unusual circumstances.
AG ¶ 32(b)appliedCriminal Conduct Mitigating ConditionThe applicant was pressured into committing acts of domestic violence, which are no longer present.
AG ¶ 32(d)appliedCriminal Conduct Mitigating ConditionEvidence of successful rehabilitation was presented, including completion of treatment programs.
AG ¶ 23(a)appliedAlcohol Consumption Mitigating ConditionThe applicant's alcohol-related incidents are remote in time and he has moderated his drinking.

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is eligible for a security clearance.”
— Department of the Navy v. Egan, 484 U.S. 518, 527 (1988)

Procedural Posture

SOR issuedJul 3, 2007
Answer filedJul 25, 2007
Hearing heldSep 20, 2007conducted by video teleconference
Decision dateOct 15, 2007

Cite For

Mitigation of Criminal Conduct Through Rehabilitation Under Guideline J
Mitigation of Alcohol Consumption Issues Through Time and Changed Circumstances Under Guideline G
Whole Person Assessment in Security Clearance Determinations.

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

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a–2.b	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a–2.b

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

For Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(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	—
1.b	Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.	For Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(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	—
1.c	Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(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	—
1.d	Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.	For Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(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	—
1.e	Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(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	—
1.f	Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(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	—
1.g	Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.	For Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(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	—
1.h	Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.	For Applicant	DUI or DWI Criminal	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(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	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(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

—

1.b

Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.

For Applicant

Theft or Larceny

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(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

—

1.c

Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(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

—

1.d

Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.

For Applicant

Assault or Battery

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(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

—

1.e

Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(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

—

1.f

Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(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

—

1.g

Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.

For Applicant

Domestic Violence

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(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

—

1.h

Applicant admitted allegations in subparagraphs 1.a -h, and subparagraphs 2.a-b in his SOR response under Guideline J and Guideline G with explanation.

For Applicant

DUI or DWI Criminal

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(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

—

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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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION