ISCR Case 16-01813

Case Headnote

ISCR Case No. 16-01813

deniedOct 29, 2018· Hon. Gregg A. Cervi· hearing

Summary

A 47-year-old diesel mechanic was denied CAC eligibility under Guideline J (Criminal Conduct) due to a long history of criminal behavior, primarily involving violence and alcohol abuse. This history included five arrests since 2009. In June 2009, he was arrested for assault, convicted, and sentenced to one year probation with an order to complete anger management. In July 2010, he was arrested for fighting, convicted, placed on probation for one year, and required to attend anger management and individual counseling for alcohol abuse.

Further incidents included a July 2011 arrest for domestic battery while intoxicated, and a December 2011 arrest for battery which he does not recall. In March 2015, he was arrested for domestic battery after an intoxicated altercation with his spouse, though this charge was not prosecuted. The applicant admits alcohol was a contributing factor in all five violent incidents.

Despite self-diagnosing an alcohol addiction and abstaining from alcohol since a 2016 heart attack and 2017 liver failure diagnosis, and his spouse's letter of support noting changes in their home, the judge found insufficient evidence of mitigation. The applicant did not provide medical or counseling records to demonstrate the extent or efficacy of past or current treatment, or a future prognosis. The judge concluded that insufficient time had passed since his last incident and since abstaining from alcohol to determine that the behavior would not recur, leading to the denial of CAC eligibility.

Why the Applicant Was Denied

The applicant has a long history of criminal conduct, including violence and alcohol abuse.
Insufficient time has passed since the applicant's last incident and since abstaining from alcohol to determine that the behavior will not recur.
The applicant did not provide medical or counseling records to demonstrate effective rehabilitation.

Conditions Referenced

Disqualifying

SAS ¶ 2.b (2)raisedCriminal Conduct Relating to Safety of People and Property
SAS ¶ 2.b (5)raisedActions Involving Violence or Sexual Behavior of a Criminal Nature

Key Rule Quoted

“A CAC will not be issued to a person if there is a reasonable basis to believe, based on the individual’s criminal or dishonest conduct, that issuance of a CAC poses an unacceptable risk.”

Procedural Posture

SOR issuedJun 3, 2016
Answer filedJul 29, 2016
Hearing heldMar 13, 2018Rescheduled due to applicant's request.
Decision dateOct 29, 2018

Cite For

Denial of CAC Eligibility Due to a History of Criminal Conduct Under Guideline J
Insufficient Evidence of Rehabilitation Despite Personal Circumstances
Consideration of the Totality of Incidents in Assessing Unacceptable Risk

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant has a long history of criminal conduct including violence and alcohol abuse.	Against Applicant	Domestic Violence	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.b	Applicant was arrested in June 2009 for assault. He was convicted and sentenced to one year probation and ordered to complete an anger-management course.	Against Applicant	Assault or Battery	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.c	In July 2010, he was arrested for fighting with his 30-year-old nephew after the nephew struck Applicant’s girlfriend. Applicant was convicted, placed on probation for one year, and again required to attend anger management and individual counseling for alcohol abuse.	Against Applicant	Assault or Battery	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.d	Applicant was again arrested in July 2011 for domestic battery after he struck his spouse. This was another incident of criminal activity while intoxicated.	Against Applicant	Domestic Violence	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.e	Applicant was arrested in December 2011 for battery, but he does not recall the incident.	Against Applicant	Assault or Battery	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.f	In March 2015, Applicant was arrested for domestic battery after fighting with his spouse and pushing past her to exit the home. He called the police on himself, and was intoxicated at the time. The charge was not prosecuted.	Against Applicant	Domestic Violence	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.g	Applicant has a long history of criminal conduct including violence and alcohol abuse.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.h	Applicant was involved in five incidents of violence and admits that alcohol was a contributing factor each time.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.i	Applicant diagnosed himself with an alcohol addiction, but since suffering a heart attack in 2016 and being diagnosed with liver failure in 2017, has abstained from alcohol.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	Claimed Abstinence Period Documented
1.j	Applicant's spouse noted in a letter of support, that they no longer have alcohol in the home, they attend church regularly, and they resolve their problems with rational discussion.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	Claimed Community Involvement
1.k	Applicant did not provide medical or counseling records to show the extent and efficacy of anger or alcohol abuse counseling, or a future prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
1.l	Applicant has a long history of violence, alcohol-related arrests, and rules violations.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.m	Insufficient time has passed since his last incident and since abstaining from alcohol to determine that this activity will not recur and that his behavior is under control.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
1.n	Despite the dismissal of some charges and relatively minor charges in some circumstances, the totality of incidents over Applicant’s lifetime, including five arrests since 2009, and involvement of violence, danger to persons, and alcohol abuse, are difficult to overcome.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.o	Applicant did not provide medical or counseling records to show the extent and efficacy of anger or alcohol abuse counseling, or a future prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
1.p	Applicant has a long history of violence, alcohol-related arrests, and rules violations.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.q	Insufficient evidence to find that the SOR allegations have been mitigated.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.r	CAC eligibility is denied.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.s	The judge found that the applicant's history of violence and alcohol abuse posed an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.t	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.u	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.v	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.w	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.x	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.y	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.z	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.aa	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ab	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ac	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ad	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ae	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.af	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ag	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ah	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ai	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.aj	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ak	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.al	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.am	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.an	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ao	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ap	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.aq	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ar	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.as	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.at	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.au	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.av	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.aw	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ax	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ay	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.az	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ba	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bb	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bc	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bd	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.be	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bf	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bg	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bh	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bi	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bj	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bk	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bl	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bm	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bn	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bo	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bp	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bq	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.br	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bs	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bt	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bu	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bv	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bw	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bx	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.by	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.bz	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ca	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cb	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cc	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cd	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ce	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cf	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cg	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ch	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ci	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cj	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ck	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cl	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cm	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cn	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.co	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cp	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cq	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cr	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cs	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.ct	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cu	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cv	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cw	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cx	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cy	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.cz	The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.da	The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.db	The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.dc	The applicant did not provide evidence of professional counseling or a satisfactory prognosis.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—
1.dd	The applicant's past conduct and the totality of incidents are difficult to overcome.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant has a long history of criminal conduct including violence and alcohol abuse.

Against Applicant

Domestic Violence

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.b

Applicant was arrested in June 2009 for assault. He was convicted and sentenced to one year probation and ordered to complete an anger-management course.

Against Applicant

Assault or Battery

Convicted

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.c

In July 2010, he was arrested for fighting with his 30-year-old nephew after the nephew struck Applicant’s girlfriend. Applicant was convicted, placed on probation for one year, and again required to attend anger management and individual counseling for alcohol abuse.

Against Applicant

Assault or Battery

Convicted

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.d

Applicant was again arrested in July 2011 for domestic battery after he struck his spouse. This was another incident of criminal activity while intoxicated.

Against Applicant

Domestic Violence

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.e

Applicant was arrested in December 2011 for battery, but he does not recall the incident.

Against Applicant

Assault or Battery

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.f

In March 2015, Applicant was arrested for domestic battery after fighting with his spouse and pushing past her to exit the home. He called the police on himself, and was intoxicated at the time. The charge was not prosecuted.

Against Applicant

Domestic Violence

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.g

Applicant has a long history of criminal conduct including violence and alcohol abuse.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.h

Applicant was involved in five incidents of violence and admits that alcohol was a contributing factor each time.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.i

Applicant diagnosed himself with an alcohol addiction, but since suffering a heart attack in 2016 and being diagnosed with liver failure in 2017, has abstained from alcohol.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

Claimed

Abstinence Period Documented

1.j

Applicant's spouse noted in a letter of support, that they no longer have alcohol in the home, they attend church regularly, and they resolve their problems with rational discussion.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

Claimed

Community Involvement

1.k

Applicant did not provide medical or counseling records to show the extent and efficacy of anger or alcohol abuse counseling, or a future prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

1.l

Applicant has a long history of violence, alcohol-related arrests, and rules violations.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.m

Insufficient time has passed since his last incident and since abstaining from alcohol to determine that this activity will not recur and that his behavior is under control.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

1.n

Despite the dismissal of some charges and relatively minor charges in some circumstances, the totality of incidents over Applicant’s lifetime, including five arrests since 2009, and involvement of violence, danger to persons, and alcohol abuse, are difficult to overcome.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.o

Applicant did not provide medical or counseling records to show the extent and efficacy of anger or alcohol abuse counseling, or a future prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

1.p

Applicant has a long history of violence, alcohol-related arrests, and rules violations.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.q

Insufficient evidence to find that the SOR allegations have been mitigated.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.r

CAC eligibility is denied.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.s

The judge found that the applicant's history of violence and alcohol abuse posed an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.t

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.u

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.v

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.w

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.x

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.y

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.z

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.aa

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ab

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ac

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ad

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ae

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.af

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ag

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ah

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ai

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.aj

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ak

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.al

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.am

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.an

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ao

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ap

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.aq

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ar

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.as

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.at

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.au

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.av

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.aw

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ax

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ay

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.az

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ba

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bb

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bc

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bd

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.be

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bf

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bg

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bh

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bi

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bj

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bk

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bl

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bm

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bn

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bo

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bp

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bq

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.br

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bs

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bt

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bu

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bv

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bw

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bx

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.by

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.bz

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ca

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cb

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cc

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cd

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ce

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cf

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cg

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ch

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ci

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cj

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ck

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cl

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cm

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cn

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.co

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cp

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cq

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cr

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cs

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.ct

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cu

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cv

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cw

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cx

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cy

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.cz

The applicant's history of violence and alcohol abuse poses an unacceptable risk for CAC eligibility.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.da

The applicant's claims of rehabilitation were found insufficient to mitigate the concerns raised.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.db

The applicant's medical condition may result in an end to his cycle of criminal activity, but insufficient time has passed to determine if this will be the case.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.dc

The applicant did not provide evidence of professional counseling or a satisfactory prognosis.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

1.dd

The applicant's past conduct and the totality of incidents are difficult to overcome.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

Loading case…

Case Profile

Summary

Why the Applicant Was Denied

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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES