ISCR Case 07-00428

Case Headnote

ISCR Case No. 07-00428

grantedDec 3, 2007· Hon. Martin H. Mogul· hearing

Summary

A 27-year-old customer service representative was granted a security clearance for a sensitive position despite initial concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The government alleged the applicant provided untruthful information on a Public Trust Position Application in June 2006 and had a history of alcohol abuse.

Specific incidents included a Drunk in Public citation in January 1997, resulting in a diversion program. In March 2001, she was cited for Possession of a False Identification and Open Container/Drunk in Public, pleading Nolle Contendere to the latter and receiving a $210 fine. January 2002 brought another Open Container and Drunk in Public citation, with a $75 fine. In July 2003, she was cited for No Proof of Insurance, incurring a $331 fine, partially suspended upon proof of insurance. Her final alcohol-related incident was an arrest in June 2005 for Disorderly Conduct/Public Intoxication, leading to a guilty plea, a $350 fine, and one year of probation.

The judge ultimately granted the clearance, finding that the applicant had successfully mitigated the concerns. Evidence demonstrated her rehabilitation and responsible alcohol consumption. The judge accepted her explanation that her failure to disclose prior citations was due to a credible misunderstanding, not willful misrepresentation. Her current behavior and character references further supported her trustworthiness.

Why the Applicant Prevailed

The applicant demonstrated successful rehabilitation and responsible alcohol consumption.
The judge found the applicant's misunderstanding regarding the disclosure of prior citations credible and not willful misrepresentation.
The applicant's current behavior and character references supported her trustworthiness.

Conditions Referenced

Disqualifying

DC 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
DC 22(a)raisedAlcohol-related Incidents Away From Work
DC 22(c)raisedHabitual or Binge Consumption of Alcohol

Mitigating

MC 32(d)appliedEvidence of Successful RehabilitationThe applicant's alcohol consumption is now under control and unlikely to lead to future criminal conduct.
MC 23(a)appliedBehavior Occurred Under Unusual CircumstancesThe applicant's previous alcohol abuse was linked to an abusive relationship.

Key Rule Quoted

“The Government must make out a case under Guidelines J, E, and G, which establishes doubt about a person's judgment, reliability and trustworthiness.”

Procedural Posture

SOR issuedJul 11, 2007
Answer filedAug 17, 2007
Hearing heldNov 14, 2007in Sacramento, California
Decision dateDec 3, 2007

Cite For

Successful Rehabilitation Under Guideline G
Credibility of Applicant's Misunderstanding in Personal Conduct Under Guideline E
Mitigating Circumstances Related to Alcohol Consumption and Criminal Conduct Under Guideline J

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 Government alleges in this paragraph that Applicant is ineligible for access to personal sensitive information because when she completed a signed, sworn Public Trust Position Application (PTPA) on June 20, 2006, she furnished untruthful information to the Government.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	—	Denied	—	(b) omission/refusal followed advice of counsel; later cooperated fully	Documented Character Letters Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The Government alleges in this paragraph that Applicant is ineligible for access to personal sensitive information because when she completed a signed, sworn Public Trust Position Application (PTPA) on June 20, 2006, she furnished untruthful information to the Government.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

—

Denied

—

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

Documented

Character Letters

Claimed

Other

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	The Government alleges in this paragraph that Applicant is ineligible for access to personal sensitive information because she abuses alcohol to excess.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

The Government alleges in this paragraph that Applicant is ineligible for access to personal sensitive information because she abuses alcohol to excess.

For Applicant

Unspecified Alcohol Incident

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was cited on January 12, 1997, and charged with Drunk in Public. She was placed into a Diversion Program for this offense	For Applicant	DUI or DWI Criminal	Diversion or Deferred	Admitted	—	—	—
1.b	Applicant was cited on March 17, 2001, and charged with (1) Possession of a False Identification, and (2) Open Container/Drunk in Public. She plead Nolle Contendere to Count 2 and was fined $210. Count 1 was dismissed.	For Applicant	DUI or DWI Criminal	Dismissed or Nolle Prossed	Admitted	—	—	—
1.c	Applicant was cited on January 2, 2002, and charged with (1) Open Container, and (2) Drunk in Public. She was fined $75.	For Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	—	—	—
1.d	Applicant was cited on July 7, 2003, and charged with No Proof of Insurance. She was fined $331, but $130 of this fine was suspended after she provided proof of insurance.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
1.e	Applicant was arrested on June 27, 2005, and charged with Disorderly Conduct/Public Intoxication. She plead Guilty, and she was fined $350, and placed on one year probation.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.f	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was cited on January 12, 1997, and charged with Drunk in Public. She was placed into a Diversion Program for this offense

For Applicant

DUI or DWI Criminal

Diversion or Deferred

Admitted

—

1.b

Applicant was cited on March 17, 2001, and charged with (1) Possession of a False Identification, and (2) Open Container/Drunk in Public. She plead Nolle Contendere to Count 2 and was fined $210. Count 1 was dismissed.

For Applicant

DUI or DWI Criminal

Dismissed or Nolle Prossed

Admitted

—

1.c

Applicant was cited on January 2, 2002, and charged with (1) Open Container, and (2) Drunk in Public. She was fined $75.

For Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

—

1.d

Applicant was cited on July 7, 2003, and charged with No Proof of Insurance. She was fined $331, but $130 of this fine was suspended after she provided proof of insurance.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

1.e

Applicant was arrested on June 27, 2005, and charged with Disorderly Conduct/Public Intoxication. She plead Guilty, and she was fined $350, and placed on one year probation.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.f

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION