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ISCR Case 18-01634 — CASE

Case record

ISCR Case 18-01634

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

Case Profile
Decision Date4/19/2019
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Robert J. Kilmartin
Government Counsel: Michelle P. Tilford
Applicant's Counsel: William F. Savarino
Case Summary
The applicant in this case was a 58-year-old individual who sought a security clearance after submitting a security clearance application in May 2016. The Department of Defense issued a Statement of Reasons (SOR) on August 24, 2018, citing concerns under Guideline J (criminal conduct), Guideline G (alcohol consumption), and Guideline E (personal conduct). The core allegations included multiple arrests for driving while impaired and possession of a controlled substance, as well as a probation violation.
The applicant admitted to most of the allegations in the SOR, including a 1999 DWI conviction and a 2008 conviction for possession of a controlled substance, which he attributed to a difficult period in his life marked by a severe leg injury and the loss of his business. He provided evidence of rehabilitation, including a significant period without further criminal activity and positive character references from his employer and others. The applicant also explained that his last alcohol-related incident occurred over twenty years ago and that he had not used illegal drugs since 2008.
The administrative judge ruled in favor of the applicant, concluding that the mitigating factors outweighed the security concerns. The judge noted the time elapsed since the criminal behavior, the applicant's successful rehabilitation, and his current reliability and trustworthiness. The judge found that the applicant's past misconduct was unlikely to recur and granted his eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline GAlcohol Consumption · For Applicant
- Guideline JCriminal Conduct · For Applicant
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Case Headnote

ISCR Case No. 18-01634

grantedApr 19, 2019· Hon. Robert J. Kilmartin· hearing

Summary

This case concerns a 58-year-old applicant with aviation and software experience whose security clearance was reviewed under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The Statement of Reasons cited a pattern of rules violations and traffic offenses, a history of alcohol-related incidents, and specific arrests. These included a March 1999 arrest for driving while impaired (DWI), a February 2008 charge for possession of a controlled substance, and an April 2017 arrest for DWI.

Disqualifying conditions were raised under AG ¶ 31(a), AG ¶ 31(b), and AG ¶ 31(d). However, the decision applied several mitigating conditions, including AG ¶ 32(a), AG ¶ 32(d), AG ¶ 23(a), AG ¶ 23(b), AG ¶ 17(c), and AG ¶ 17(d).

The clearance was GRANTED. The decision noted that the applicant's last criminal offense occurred over 11 years ago, and he has not engaged in illegal drug use since 2008. Evidence of successful rehabilitation, including counseling and a stable employment history, was presented. The applicant's past behavior was deemed unlikely to recur, supported by character references and a positive work ethic.

Why the Applicant Prevailed

The applicant's last criminal offense occurred over 11 years ago, and he has not engaged in illegal drug use since 2008.
The applicant has shown evidence of successful rehabilitation, including counseling and a stable employment history.
The applicant's past behavior was determined to be unlikely to recur, supported by character references and a positive work ethic.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 31(d)raisedViolation of Probation

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 23(a)appliedTime Passed Since Alcohol-related Incidents
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Actions Taken
AG ¶ 17(c)appliedMinor Offenses Unlikely to Recur
AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling

Key Rule Quoted

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

Procedural Posture

SOR issuedAug 24, 2018
Answer filed—Timely answer with detailed explanations.
Hearing heldFeb 28, 2019Hearing convened as scheduled.
Decision dateApr 19, 2019

Cite For

Successful Rehabilitation After Criminal Conduct Under Guideline J
Mitigating Conditions for Alcohol Consumption Under Guideline G
Whole-person Assessment 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.

Standardized Decision Profile

SEAD-4 Guideline E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant has a pattern of rules violations and traffic offenses but ultimately ruled in favor of the applicant under Guideline E. The applicant's past conduct was mitigated by evidence of rehabilitation and a commitment to follow rules and regulations in the future.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant has a pattern of rules violations and traffic offenses.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	(a) prompt, good-faith correction before being confronted (d) acknowledged the behavior; counseling/positive steps taken	—

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

Standardized Decision Profile

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

Posture: HearingDecided: granted

The judge found in favor of the applicant regarding the history of alcohol-related incidents. Although the applicant had a DWI arrest in 1999, the judge determined that the applicant's current alcohol consumption is moderate and that he has made significant personal improvements since the incidents.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	Applicant has a history of alcohol-related incidents.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—

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 in favor of the applicant regarding the criminal conduct allegations. The applicant admitted to past offenses but demonstrated significant mitigation through personal circumstances and changes in behavior, leading to a granted security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested for driving while impaired (DWI) in March 1999.	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	(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	Credited Acknowledgment and Remorse Credited No Subsequent Offenses
1.b	Applicant was charged with possession of a controlled substance in February 2008.	For Applicant	Drug Related Criminal Charge	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited No Subsequent Offenses
1.c	Applicant was arrested for driving while impaired (DWI) in April 2017.	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	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited No Subsequent Offenses
1.d	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

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.