ISCR Case 07-01052

Case Headnote

ISCR Case No. 07-01052

grantedFeb 29, 2008· Hon. Wilford H. Ross· hearing

Summary

A 30-year-old electrician employed by a defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons cited three arrests, including charges for Driving Under the Influence of Alcohol and Possession of a Controlled Substance in December 1995 and December 1996, respectively. The most recent arrest, on March 26, 2005, was for Disorderly Conduct Under the Influence of Alcohol or Drugs, stemming from interfering with a police officer. Additionally, the applicant failed to disclose this 2005 arrest on a Questionnaire for National Security Positions.

Disqualifying conditions were raised under Adjudicative Guidelines (AG) ¶ 31(a) and AG ¶ 16(a). However, the Administrative Judge applied mitigating conditions under AG ¶ 32(a), AG ¶ 32(b), AG ¶ 17(a), and AG ¶ 17(b).

The decision to grant the clearance was based on several factors. The applicant provided evidence of rehabilitation and positive character references from respected individuals. The failure to disclose the 2005 arrest was attributed to improper advice from a supervisor, indicating no intent to deceive. Furthermore, the applicant demonstrated a mature understanding of past conduct and expressed a credible commitment to avoiding future issues. Ultimately, the applicant was granted eligibility for access to classified information.

Why the Applicant Prevailed

The applicant demonstrated evidence of rehabilitation and good character references from respected individuals.
The applicant's failure to disclose a recent arrest was due to improper advice from his supervisor, indicating a lack of intent to deceive.
The applicant showed a mature understanding of his past conduct and expressed a credible intent to avoid future issues.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal ConductThe applicant's history of minor criminal conduct raised security concerns.
AG ¶ 16(a)raisedPersonal ConductThe applicant's omission of a recent arrest from his security clearance application was potentially disqualifying.

Mitigating

AG ¶ 32(a)appliedCriminal ConductSignificant time had elapsed since the criminal behavior, and it was unlikely to recur.
AG ¶ 32(b)appliedCriminal ConductThere was evidence of successful rehabilitation, including completion of a diversion program and positive character references.
AG ¶ 17(a)appliedPersonal ConductThe applicant made good-faith efforts to correct the omission before being confronted with the facts.
AG ¶ 17(b)appliedPersonal ConductThe applicant's failure to disclose was significantly contributed to by improper advice from his supervisor.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJul 19, 2007
Answer filedAug 21, 2007
Hearing heldNov 14, 2007
Decision dateFeb 29, 2008

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Evidence of Rehabilitation
Mitigation of Personal Conduct Concerns Due to Improper Advice From a Supervisor
Consideration of the Whole Person Concept in 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.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	The Applicant submitted a Questionnaire for National Security Positions that did not include his March 26, 2005 arrest.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	(b) omission/refusal followed advice of counsel; later cooperated fully	Claimed Corrected Falsification Promptly
2.b	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The Applicant submitted a Questionnaire for National Security Positions that did not include his March 26, 2005 arrest.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) omission/refusal followed advice of counsel; later cooperated fully

Claimed

Corrected Falsification Promptly

2.b

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Applicant has been arrested three times, including for Driving Under the Influence of Alcohol and Possession of a Controlled Substance.	For Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(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	The first arrest happened in December 1995. On that occasion the Applicant was charged with Driving Under the Influence of Alcohol.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(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	Documented Acknowledgment and Remorse
1.c	On December 22, 1996, when he was only 19, the Applicant was arrested for Possession of a Controlled Substance.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	(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	The Applicant’s last arrest occurred on March 26, 2005. The Applicant interfered with the police officer by telling his friend not to submit to a breathalyzer and he was arrested for Disorderly Conduct Under the Influence of Alcohol or Drugs.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(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	Documented Acknowledgment and Remorse

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Applicant has been arrested three times, including for Driving Under the Influence of Alcohol and Possession of a Controlled Substance.

For Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

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

(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

The first arrest happened in December 1995. On that occasion the Applicant was charged with Driving Under the Influence of Alcohol.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(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

Documented

Acknowledgment and Remorse

1.c

On December 22, 1996, when he was only 19, the Applicant was arrested for Possession of a Controlled Substance.

For Applicant

Drug Related Criminal Charge

Conduct No Charge

Unknown

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

(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

The Applicant’s last arrest occurred on March 26, 2005. The Applicant interfered with the police officer by telling his friend not to submit to a breathalyzer and he was arrested for Disorderly Conduct Under the Influence of Alcohol or Drugs.

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

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

(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

Documented

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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION