ISCR Case 18-01148

Case Headnote

ISCR Case No. 18-01148

deniedJan 31, 2019· Hon. Robert Robinson Gales· hearing

Summary

A 35-year-old defense contractor employee and former U.S. Navy member was denied a security clearance due to concerns under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct). The applicant admitted to a series of criminal offenses detailed in the Statement of Reasons, including two charges of Driving While Intoxicated (DWI) in September 2007 and October 2015.

Further allegations included multiple instances of non-compliance with mandated rehabilitation programs in March 2008 and May 2010, a Contempt of Court charge in March 2016, and a charge of Operating Suspended/Revoked in February 2017. Additionally, in March 2016, the applicant received non-judicial punishment for violating Article 92 (Failure to Obey a Lawful Order) of the UCMJ. While the applicant admitted to the criminal conduct allegations, he failed to admit or deny the cross-allegation regarding his unwillingness to comply with laws.

The denial was based on the applicant's lengthy history of criminal conduct and failure to comply with rehabilitation programs. The judge found that the applicant's admissions did not demonstrate sufficient rehabilitation or a change in behavior, and his ongoing disregard for laws and regulations raised significant doubts about his reliability and trustworthiness.

Why the Applicant Was Denied

The applicant had a lengthy history of criminal conduct, including multiple DWIs and failure to comply with rehabilitation programs.
The applicant's admissions of criminal behavior did not demonstrate sufficient rehabilitation or change in behavior.
The applicant's ongoing disregard for laws and regulations raised doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 31(a)appliedPattern of Minor Offenses
AG ¶ 31(b)appliedEvidence of Criminal Conduct
AG ¶ 31(d)appliedFailure to Complete a Court-mandated Rehabilitation Program
AG ¶ 31(e)appliedDischarge From the Armed Forces for Reasons Less Than 'honorable'

Mitigating

AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorOnly applicable to a 2003 incident, which was unlikely to recur.
AG ¶ 32(c)rejectedNo Reliable Evidence of Offense
AG ¶ 32(d)rejectedEvidence of Successful RehabilitationNo evidence of rehabilitation was presented.
AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurNot applicable due to ongoing criminal behavior.
AG ¶ 17(d)rejectedAcknowledgment of Behavior and CounselingNo documentation of counseling or positive steps taken.
AG ¶ 17(e)rejectedPositive Steps to Reduce VulnerabilityNo evidence of steps taken to mitigate behavior.

Key Rule Quoted

“"No one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedJun 11, 2018
Answer filedJul 9, 2018Applicant elected for a written record decision.
Hearing held—Decision made based on written record.
Decision dateJan 31, 2019

Cite For

Denial of Security Clearance Due to Repeated Criminal Conduct Under Guideline J
Failure to Demonstrate Rehabilitation Under Guideline E
Impact of Ongoing Disregard for Laws on Security Clearance Eligibility

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	Applicant's continuing unwillingness to comply with laws, rules, and regulations is troubling.	Against Applicant	Rules Violation at Workplace	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant's continuing unwillingness to comply with laws, rules, and regulations is troubling.

Against Applicant

Rules Violation at Workplace

—

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant admitted with comments all of the factual allegations pertaining to criminal conduct in the SOR (SOR ¶¶ 1.a. through 1.i.), but he failed to admit or deny the cross-allegations pertaining to personal conduct (SOR ¶ 2.a), so a denial was registered for him.	For Applicant	Unspecified Criminal Conduct	—	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.b	In September 2007, Applicant was arrested and charged with Driving While Intoxicated (DWI) – 1st offense, a misdemeanor.	Against 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 (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.c	In March 2008, he was required to show cause on a charge of ASAP Non-Comply.	Against Applicant	Unspecified Criminal Conduct	—	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.d	In May 2010, he was again required to show cause on a charge of ASAP Non-Comply.	Against Applicant	Unspecified Criminal Conduct	—	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.e	In October 2015, Applicant was charged with DWI – 2nd offense, a misdemeanor.	Against 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 (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.f	In March 2016, Applicant was charged with Contempt of Court, a misdemeanor.	Against Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.g	In March 2016, Applicant received non-judicial punishment for violation of Article 92 (Failure to Obey a Lawful Order), UCMJ.	Against Applicant	Military UCMJ Violation	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.h	In February 2017, Applicant was charged with Operating Suspended/Revoked, a misdemeanor.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.i	specific text not stated in this decision	Unknown	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant admitted with comments all of the factual allegations pertaining to criminal conduct in the SOR (SOR ¶¶ 1.a. through 1.i.), but he failed to admit or deny the cross-allegations pertaining to personal conduct (SOR ¶ 2.a), so a denial was registered for him.

For Applicant

Unspecified Criminal Conduct

—

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(d) violation of parole/probation or failure to complete a court program

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.b

In September 2007, Applicant was arrested and charged with Driving While Intoxicated (DWI) – 1st offense, a misdemeanor.

Against 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

(d) violation of parole/probation or failure to complete a court program

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.c

In March 2008, he was required to show cause on a charge of ASAP Non-Comply.

Against Applicant

Unspecified Criminal Conduct

—

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(d) violation of parole/probation or failure to complete a court program

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.d

In May 2010, he was again required to show cause on a charge of ASAP Non-Comply.

Against Applicant

Unspecified Criminal Conduct

—

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(d) violation of parole/probation or failure to complete a court program

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.e

In October 2015, Applicant was charged with DWI – 2nd offense, a misdemeanor.

Against 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

(d) violation of parole/probation or failure to complete a court program

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.f

In March 2016, Applicant was charged with Contempt of Court, a misdemeanor.

Against Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(d) violation of parole/probation or failure to complete a court program

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.g

In March 2016, Applicant received non-judicial punishment for violation of Article 92 (Failure to Obey a Lawful Order), UCMJ.

Against Applicant

Military UCMJ Violation

Conduct No Charge

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(d) violation of parole/probation or failure to complete a court program

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.h

In February 2017, Applicant was charged with Operating Suspended/Revoked, a misdemeanor.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(d) violation of parole/probation or failure to complete a court program

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.i

specific text not stated in this decision

Unknown

Unspecified Criminal Conduct

—

Unknown

—

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Case Profile

Summary

Why the Applicant Was Denied

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