ISCR Case 17-03884

Case Headnote

ISCR Case No. 17-03884

grantedMay 10, 2019· Hon. LeRoy F. Foreman· hearing

Summary

A 47-year-old retired Navy lieutenant commander and defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct). The Statement of Reasons cited three issues: plagiarism in 2006 while attending a military school, which prevented his graduation; nonjudicial punishment for drunk driving in November 2008; and a termination from a defense contractor for alleged time card falsification. These issues raised disqualifying conditions under AG ¶ 16(c) and AG ¶ 16(d).

However, the applicant presented substantial mitigating evidence. He demonstrated significant rehabilitation from alcohol abuse, having abstained since 2009 and actively participating in Alcoholics Anonymous. Furthermore, a state employment commission found insufficient evidence of willful misconduct regarding his termination, weakening the time card falsification claim.

The applicant also provided credible character references attesting to his trustworthiness and integrity. The judge applied mitigating conditions AG ¶ 17(c), AG ¶ 17(d), and AG ¶ 17(f), concluding that the applicant had successfully mitigated the security concerns. As a result, eligibility for access to classified information was granted.

Why the Applicant Prevailed

The applicant demonstrated significant rehabilitation from past alcohol abuse, having abstained from alcohol since 2009 and actively participating in Alcoholics Anonymous.
The state employment commission found insufficient evidence of willful misconduct regarding the applicant's termination, undermining the falsification allegations.
The applicant provided credible character references that attested to his trustworthiness and integrity.

Conditions Referenced

Disqualifying

AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline

Mitigating

AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling
AG ¶ 17(f)appliedThe Information Was Unsubstantiated or From a Source of Questionable Reliability

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedDec 10, 2018
Answer filedJan 4, 2019
Hearing heldMar 28, 2019
Decision dateMay 10, 2019

Cite For

Mitigation of Personal Conduct Issues Under Guideline E
Impact of Rehabilitation on Security Clearance Eligibility
Evaluation of Unsubstantiated Allegations in Employment Termination Cases

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
1.a	Applicant was guilty of plagiarism in 2006, while a student at a military school, and he was not allowed to graduate.	For Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	Claimed Other
1.b	Applicant received nonjudicial punishment for drunk driving in November 2008.	For Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	Claimed Aa or Na Attendance
1.c	specific text not stated in this decision	Withdrawn	Unspecified Personal Conduct	—	Unknown	—	—	—
1.d	Applicant was terminated from employment by a defense contractor for falsifying his time card.	For Applicant	Falsification of Employment or Other Records	—	Denied	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant was guilty of plagiarism in 2006, while a student at a military school, and he was not allowed to graduate.

For Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

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

—

Claimed

Other

1.b

Applicant received nonjudicial punishment for drunk driving in November 2008.

For Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

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

—

Claimed

Aa or Na Attendance

1.c

specific text not stated in this decision

Withdrawn

Unspecified Personal Conduct

—

Unknown

—

1.d

Applicant was terminated from employment by a defense contractor for falsifying his time card.

For Applicant

Falsification of Employment or Other Records

—

Denied

(c) credible adverse information across areas supporting a whole-person concern

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

—

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION