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ISCR Case 22-01054 — CASE

Case record

ISCR Case 22-01054

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

Case Profile
Decision Date11/24/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case 22-01054) →
Participants
Judge: Pamela C. Benson
Government Counsel: Erin P. Thompson
Applicant's Counsel: Christopher Snowden
Case Summary
The applicant in this case was a 54-year-old machinery maintenance mechanic employed by a federal contractor, seeking a Department of Defense security clearance. The Defense Counterintelligence and Security Agency issued a Statement of Reasons citing concerns under Guidelines J (Criminal Conduct), G (Alcohol Consumption), and E (Personal Conduct). The core allegations included multiple arrests for various offenses, including domestic battery, DUI, and disorderly conduct, raising questions about the applicant's judgment and reliability.
During the proceedings, the applicant initially denied the allegations but later amended his responses to admit to the charges under the specified guidelines. He provided explanations for his past conduct, including claims of false accusations and misunderstandings regarding his arrests. However, he did not present sufficient evidence to mitigate the concerns, particularly regarding his alcohol-related behavior and the recency of his criminal history.
The administrative judge ruled against the applicant, concluding that he failed to demonstrate that the security concerns had been adequately mitigated. The judge noted that not enough time had elapsed since the applicant's last incidents of criminal and alcohol-related behavior to establish that future misconduct was unlikely. Consequently, the applicant's request for national security eligibility was denied.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline GAlcohol Consumption · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 22-01054

deniedNov 24, 2023· Hon. Pamela C. Benson· hearing

Summary

A 54-year-old federal contractor was denied a security clearance due to concerns under Guideline J (Criminal Conduct), Guideline G (Alcohol Consumption), and Guideline E (Personal Conduct). The denial stemmed from a history of multiple arrests spanning from 1990 to 2021.

Specific allegations included arrests for DUIA (second offense) in November 2021, violation of a protective order in August 2020, and domestic battery in February 2020. Earlier arrests included DUIA in October 2010, aggravated assault in April 2004 and November 1991, and multiple charges of disorderly conduct. Other arrests involved driving on a revoked/suspended license and soliciting prostitution.

The judge found the applicant's testimony not credible, noting a lack of candor regarding past behavior. The decision concluded that insufficient time had elapsed since the applicant's criminal and alcohol-related conduct to demonstrate that future misconduct was unlikely, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant has a history of multiple arrests, including DUI and domestic battery.
The judge found the applicant's testimony not credible and noted a lack of candor regarding his past behavior.
Insufficient time has elapsed since the applicant's criminal and alcohol-related behavior to demonstrate that future misconduct is unlikely to recur.

Conditions Referenced

Disqualifying

AG ¶ 31(a)appliedPattern of Minor Offenses
AG ¶ 31(b)appliedEvidence of Criminal Conduct
AG ¶ 31(c)appliedCurrently on Parole or Probation
AG ¶ 22(a)appliedAlcohol-related Incidents
AG ¶ 16(d)appliedCredible Adverse Information

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 17, 2022
Answer filed—Applicant provided an undated response.
Hearing heldSep 27, 2023Hearing was continued for good cause at the request of Applicant’s attorney.
Decision dateNov 24, 2023

Cite For

Credibility Issues in Testimony Regarding Past Conduct
Pattern of Criminal Behavior Impacting Security Clearance Eligibility
Insufficient Evidence of Rehabilitation for Alcohol-related Offenses

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 J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found against the applicant on all allegations related to criminal conduct, which included multiple arrests for DUI, domestic violence, and other offenses. The applicant's request for a security clearance was denied due to the cumulative impact of these criminal activities.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested in November 2021 and charged with DUIA– 2nd offense, improper traffic lane usage, and operating an uninsured motor vehicle.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Denied	—	—	—
1.b	Applicant was arrested in August 2020 for violation of a protective order.	Against Applicant	Domestic Violence	Charged Not Convicted	Denied	—	—	—
1.c	Applicant was arrested in February 2020 and charged with domestic battery/physical contact.	Against Applicant	Domestic Violence	Charged Not Convicted	Denied	—	—	—
1.d	Applicant was arrested in June 2011 for driving on a revoked/suspended license.	Against Applicant	Traffic Offense Pattern	Charged Not Convicted	Admitted	—	—	—
1.e	Applicant was arrested in October 2010 for driving under the influence of alcohol (DUIA).	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Denied	—	—	—
1.f	Applicant was arrested in June 2007 for soliciting prostitution.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Denied	—	—	—
1.g	Applicant was arrested in April 2004 and charged with aggravated assault.	Against Applicant	Assault or Battery	Charged Not Convicted	Denied	—	—	—
1.h	Applicant was arrested in September 1996 and charged with disorderly conduct.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Denied	—	—	—
1.i	Applicant was arrested on September 14, 1992 and charged with disorderly conduct.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Denied	—	—	—
1.j	Applicant was arrested in November 1991 and charged with aggravated assault.	Against Applicant	Assault or Battery	Charged Not Convicted	Denied	—	—	—
1.k	Applicant was arrested in December 1990 and charged with disorderly conduct.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Denied	—	—	—

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.