ISCR Case 20-01591

Case Headnote

ISCR Case No. 20-01591

grantedSep 17, 2021· Hon. Gregg A. Cervi· hearing

Summary

A 33-year-old administrative assistant and U.S. Marine Corps veteran was granted a security clearance despite a history of criminal conduct, including a felony abduction charge and multiple traffic violations. The Statement of Reasons raised concerns under Guideline J (Criminal Conduct), Guideline D (Sexual Behavior), and Guideline E (Personal Conduct).

Specifically, the applicant was charged in May 2007 with felony criminal abduction and misdemeanor sexual battery, resulting in a conviction for misdemeanor assault and battery with 12 months of supervised probation. Subsequent allegations under Guideline J included multiple misdemeanor reckless driving convictions between July 2008 and October 2010, a speeding conviction in December 2014, and at least five motor vehicle equipment safety violations between July 2012 and February 2014. Additionally, he was found guilty of at least three motor vehicle traffic violations between October 2012 and December 2014, and charged with misdemeanor concealed weapon violations in April 2015 and March 2019.

The administrative judge determined that the applicant had mitigated the security concerns. The judge cited the applicant's honorable military service, the absence of recent incidents, and evidence of significant personal growth and responsibility. The judge concluded that the applicant's past conduct was dated and unlikely to recur, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant demonstrated significant personal growth and responsibility since his criminal conduct.
He served honorably in the U.S. Marine Corps and has not had any recent incidents of criminal behavior.
The judge found the applicant's past conduct to be dated and unlikely to recur, mitigating concerns about his current judgment.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(c)appliedNo Reliable Evidence of Offense
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 14(a)appliedBehavior Occurred During Adolescence
AG ¶ 14(b)appliedBehavior Unlikely to Recur
AG ¶ 17(c)appliedMinor Offense or Time Passed
AG ¶ 17(d)appliedAcknowledgment and Positive Steps Taken

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 4, 2020
Answer filednull
Hearing heldnullDecision based on written record.
Decision dateSep 17, 2021

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Time Elapsed and Personal Growth
Successful Rehabilitation in the Context of Past Criminal Behavior
Consideration of Military Service as a Mitigating Factor in Security Clearance 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	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
2.a	SOR ¶ 1.a was cross-alleged under Guideline D (sexual behavior).	For Applicant	Unspecified Sexual Behavior	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

2.a

SOR ¶ 1.a was cross-alleged under Guideline D (sexual behavior).

For Applicant

Unspecified Sexual Behavior

Admitted

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	SOR ¶¶ 1.a – 1.j were cross-alleged under Guideline E (personal conduct).	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

SOR ¶¶ 1.a – 1.j were cross-alleged under Guideline E (personal conduct).

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In May 2007, Applicant was charged with felony criminal abduction by force, intimidation or deception, and misdemeanor sexual battery by force or helplessness. He was convicted of misdemeanor assault and battery, and sentenced to 12 months of supervised probation.	For Applicant	Assault or Battery	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 (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Acknowledgment and Remorse
1.b	The remaining Guideline J allegations, SOR ¶¶ 1.b – 1.j, alleged traffic violations to include reckless driving (all related to excessive speed) in July 2008, December 2008, April 2009, and October 2010. He was convicted of misdemeanor reckless driving in all four cases.	For Applicant	Traffic Offense Pattern	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 (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Acknowledgment and Remorse
1.c	December 2008 reckless driving incident, which he could not recall.	For Applicant	Traffic Offense Pattern	—	Denied	—	—	—
1.d	In December 2014, he was charged and convicted of speeding.	For Applicant	Traffic Offense Pattern	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 (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Acknowledgment and Remorse
1.e	Between July 2012 and February 2014, Applicant was charged and found guilty of at least five motor vehicle equipment safety violations such as improper exhaust system and tinted windshield.	For Applicant	Traffic Offense Pattern	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 (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Acknowledgment and Remorse
1.f	Between October 2012 and December 2014, he was charged and found guilty of at least three motor vehicle traffic violations, including improper lane change and disobeying highway markings or sign.	For Applicant	Traffic Offense Pattern	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 (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Acknowledgment and Remorse
1.g	In April 2015 and March 2019, Applicant was charged with misdemeanor concealed weapon violations.	For Applicant	Weapons Offense	Dismissed or Nolle Prossed	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Acknowledgment and Remorse
1.h–1.j	3 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In May 2007, Applicant was charged with felony criminal abduction by force, intimidation or deception, and misdemeanor sexual battery by force or helplessness. He was convicted of misdemeanor assault and battery, and sentenced to 12 months of supervised probation.

For Applicant

Assault or Battery

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

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

Acknowledgment and Remorse

1.b

The remaining Guideline J allegations, SOR ¶¶ 1.b – 1.j, alleged traffic violations to include reckless driving (all related to excessive speed) in July 2008, December 2008, April 2009, and October 2010. He was convicted of misdemeanor reckless driving in all four cases.

For Applicant

Traffic Offense Pattern

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

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

Acknowledgment and Remorse

1.c

December 2008 reckless driving incident, which he could not recall.

For Applicant

Traffic Offense Pattern

—

Denied

—

1.d

In December 2014, he was charged and convicted of speeding.

For Applicant

Traffic Offense Pattern

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

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

Acknowledgment and Remorse

1.e

Between July 2012 and February 2014, Applicant was charged and found guilty of at least five motor vehicle equipment safety violations such as improper exhaust system and tinted windshield.

For Applicant

Traffic Offense Pattern

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

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

Acknowledgment and Remorse

1.f

Between October 2012 and December 2014, he was charged and found guilty of at least three motor vehicle traffic violations, including improper lane change and disobeying highway markings or sign.

For Applicant

Traffic Offense Pattern

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

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

Acknowledgment and Remorse

1.g

In April 2015 and March 2019, Applicant was charged with misdemeanor concealed weapon violations.

For Applicant

Weapons Offense

Dismissed or Nolle Prossed

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

Acknowledgment and Remorse

1.h–1.j

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

For Applicant

—

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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