ISCR Case 20-01835

Case Headnote

ISCR Case No. 20-01835

grantedNov 18, 2022· Hon. Pamela C. Benson· hearing

Summary

A 40-year-old female applicant was granted eligibility for a public trust position despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The Statement of Reasons detailed several financial issues, including an outstanding debt of $40,443 for ten unpaid student loans referred for collection, an approximately $1,600 debt to a cellular phone service, and about $225 owed to a childcare facility, both also referred for collection. Additionally, the applicant admitted to multiple allegations related to personal conduct, alcohol consumption, and criminal conduct.

Disqualifying conditions were raised under AG ¶ 31(a), AG ¶ 31(b), AG ¶ 22(a), AG ¶ 19(a), and AG ¶ 19(c). However, the administrative judge applied several mitigating conditions, including AG ¶ 32(a), AG ¶ 32(d), AG ¶ 23(a), AG ¶ 20(a), AG ¶ 20(d), and AG ¶ 17(c).

The decision to grant eligibility was based on the applicant's demonstrated significant positive changes, including reduced alcohol consumption and improved financial management. Four years had passed since her last criminal offense, indicating a likelihood of non-recurrence. The applicant's proactive steps to address past issues and her stable employment were also key factors in the finding of rehabilitation and responsible conduct.

Why the Applicant Prevailed

The applicant demonstrated significant positive changes in her life, including reduced alcohol consumption and improved financial management.
Four years had passed since the applicant's last criminal offense, indicating a likelihood of non-recurrence.
The applicant's proactive steps to address her past issues and her stable employment contributed to her eligibility.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 22(a)raisedAlcohol-related Incidents
AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 23(a)appliedTime Passed Without Alcohol-related Offenses
AG ¶ 20(a)appliedBehavior Unlikely to Recur
AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
AG ¶ 17(c)appliedMinor Offenses Unlikely to Recur

Key Rule Quoted

“The standard set out in the adjudicative guidelines for assignment to sensitive duties is that the person’s loyalty, reliability, and trustworthiness are such that assigning the person to sensitive duties is clearly consistent with the interests of national security.”

Procedural Posture

SOR issuedFeb 17, 2021
Answer filedFeb 18, 2021
Hearing heldSep 27, 2022
Decision dateNov 18, 2022

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Rehabilitation
Mitigation of Alcohol Consumption Concerns Under Guideline G
Mitigation of Financial Considerations Under Guideline F Through Proactive Debt Management

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
4.c	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.c

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant is indebted to the U.S. Department of Education in the amount of $40,443 for ten unpaid student loans that had been referred for collection. $40,443	For Applicant	Student Loan Debt	Admitted	—	—	—
3.b–3.j	9 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—
3.k	Applicant is indebted to a cellular phone service account that was referred for collection in the amount of about $1,600. $1,600	For Applicant	Unspecified Financial	Denied	—	—	Claimed Debt Disputed with Creditor
3.l	Applicant is indebted to a childcare facility account that was referred for collection in the amount of about $225. $225	For Applicant	Unspecified Financial	Denied	—	—	Claimed Debt Disputed with Creditor

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant is indebted to the U.S. Department of Education in the amount of $40,443 for ten unpaid student loans that had been referred for collection.

$40,443

For Applicant

Student Loan Debt

Admitted

—

3.b–3.j

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

For Applicant

—

3.k

Applicant is indebted to a cellular phone service account that was referred for collection in the amount of about $1,600.

$1,600

For Applicant

Unspecified Financial

Denied

—

Claimed

Debt Disputed with Creditor

3.l

Applicant is indebted to a childcare facility account that was referred for collection in the amount of about $225.

$225

For Applicant

Unspecified Financial

Denied

—

Claimed

Debt Disputed with Creditor

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant admitted SOR ¶ 2.a.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant admitted SOR ¶ 2.a.

For Applicant

DUI or DWI Alcohol

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	SOR ¶ 1.a was determined to be a duplicate of SOR ¶ 1.aa. It alleged an incorrect date of the same offense.	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—
1.aa	Applicant admitted SOR ¶ 1.aa.	For Applicant	DUI or DWI Criminal	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	Documented Abstinence Period Documented
1.bb	Applicant admitted SOR ¶ 1.bb.	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	Documented Abstinence Period Documented
1.d	Applicant admitted SOR ¶ 1.d.	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	Documented Abstinence Period Documented
1.f	Applicant admitted SOR ¶ 1.f.	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	Documented Abstinence Period Documented
1.g	Applicant admitted SOR ¶ 1.g.	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	Documented Abstinence Period Documented
1.m	Applicant admitted SOR ¶ 1.m.	For Applicant	Unspecified Criminal Conduct	—	Admitted	—	—	—
1.n	Applicant admitted SOR ¶ 1.n.	For Applicant	Unspecified Criminal Conduct	—	Admitted	—	—	—
1.o	Applicant admitted SOR ¶ 1.o.	For Applicant	Unspecified Criminal Conduct	—	Admitted	—	—	—
1.t	Applicant admitted SOR ¶ 1.t.	For Applicant	DUI or DWI Criminal	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	Documented Abstinence Period Documented
1.u	Applicant admitted SOR ¶ 1.u.	For Applicant	Unspecified Criminal Conduct	—	Admitted	—	—	—
1.y	Applicant admitted SOR ¶ 1.y.	For Applicant	Unspecified Criminal Conduct	—	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

SOR ¶ 1.a was determined to be a duplicate of SOR ¶ 1.aa. It alleged an incorrect date of the same offense.

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

1.aa

Applicant admitted SOR ¶ 1.aa.

For Applicant

DUI or DWI Criminal

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

Documented

Abstinence Period Documented

1.bb

Applicant admitted SOR ¶ 1.bb.

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

Documented

Abstinence Period Documented

1.d

Applicant admitted SOR ¶ 1.d.

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

Documented

Abstinence Period Documented

1.f

Applicant admitted SOR ¶ 1.f.

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

Documented

Abstinence Period Documented

1.g

Applicant admitted SOR ¶ 1.g.

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

Documented

Abstinence Period Documented

1.m

Applicant admitted SOR ¶ 1.m.

For Applicant

Unspecified Criminal Conduct

—

Admitted

—

1.n

Applicant admitted SOR ¶ 1.n.

For Applicant

Unspecified Criminal Conduct

—

Admitted

—

1.o

Applicant admitted SOR ¶ 1.o.

For Applicant

Unspecified Criminal Conduct

—

Admitted

—

1.t

Applicant admitted SOR ¶ 1.t.

For Applicant

DUI or DWI Criminal

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

Documented

Abstinence Period Documented

1.u

Applicant admitted SOR ¶ 1.u.

For Applicant

Unspecified Criminal Conduct

—

Admitted

—

1.y

Applicant admitted SOR ¶ 1.y.

For Applicant

Unspecified Criminal Conduct

—

Admitted

—

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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