ISCR Case 16-01889.h1

Case Headnote

ISCR Case No. 16-01889.h1

grantedJan 18, 2018· Hon. Robert J. Tuidar· hearing

Summary

A 31-year-old ordinary seaman, employed by a defense contractor, was granted a permanent security clearance despite a history of criminal conduct and alcohol-related incidents. The Statement of Reasons detailed concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct).

Specifically, the applicant had two DUI arrests in December 2006 and September 2008 (the latter reduced to reckless driving), and a disorderly intoxication arrest in December 2015. His criminal record also included 18 separate low-level incidents, such as probation violation, several automobile-related offenses, and possessing tobacco and alcohol as a minor. These issues were primarily linked to alcohol misuse.

The judge found that the applicant had successfully mitigated these concerns. Key factors included his commitment to sobriety, having abstained from alcohol since December 2015, and credible evidence of rehabilitation. Significant lifestyle changes, a focus on family and work, and strong support from family and community members were also noted as mitigating factors. Based on this demonstrated rehabilitation, the security clearance was granted.

Why the Applicant Prevailed

The applicant has not consumed alcohol since December 2015, demonstrating a commitment to sobriety.
The applicant presented credible evidence of rehabilitation, including support from family and community members.
The applicant's lifestyle changes and focus on family and work were significant factors in mitigating concerns.

Conditions Referenced

Disqualifying

AG ¶ 30(a)raisedPattern of Minor Offenses
AG ¶ 30(b)raisedEvidence of Criminal Conduct
AG ¶ 30(d)raisedViolation of Parole or Probation
AG ¶ 22(a)raisedAlcohol-related Incidents
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedCredible Evidence of Successful Rehabilitation
AG ¶ 23(a)appliedTime Passed or Infrequent Behavior Unlikely to Recur
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Evidence of Actions Taken

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedJul 12, 2016
Answer filedAug 2, 2016
Hearing heldNov 16, 2016
Decision dateJan 6, 2017Summary decision intended but objected by Government.

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Rehabilitation Efforts
Successful Demonstration of Sobriety and Lifestyle Changes Under Guideline G
Consideration of Personal Conduct and Support Systems in Security Clearance Decisions

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	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol-related incidents, including two DUIs and a disorderly intoxication arrest.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including two DUIs and a disorderly intoxication arrest.

For Applicant

DUI or DWI Alcohol

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The applicant was arrested for driving under the influence (DUI) in December 2006.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.b	The applicant was arrested for driving under the influence (DUI) in September 2008, which was reduced to reckless driving.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.c	The applicant was arrested for disorderly intoxication in December 2015.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.d	The applicant has a history of low-level criminal behavior involving 18 separate incidents, including probation violation and several automobile-related offenses.	For Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.e	The applicant's criminal history includes possessing tobacco as a minor and possession of alcohol as a minor.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.f	The applicant's criminal behavior was primarily due to alcohol misuse, which he has since addressed through rehabilitation efforts.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The applicant was arrested for driving under the influence (DUI) in December 2006.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

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

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

—

1.b

The applicant was arrested for driving under the influence (DUI) in September 2008, which was reduced to reckless driving.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

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

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

—

1.c

The applicant was arrested for disorderly intoxication in December 2015.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

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

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

—

1.d

The applicant has a history of low-level criminal behavior involving 18 separate incidents, including probation violation and several automobile-related offenses.

For Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

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

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

—

1.e

The applicant's criminal history includes possessing tobacco as a minor and possession of alcohol as a minor.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

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

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

—

1.f

The applicant's criminal behavior was primarily due to alcohol misuse, which he has since addressed through rehabilitation efforts.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

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

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

—

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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

FOOTNOTES