ISCR Case 06-18108.h1

Case Headnote

ISCR Case No. 06-18108.h1

grantedJan 28, 2008· Hon. Kathryn Moen Braeman· hearing

Summary

A 28-year-old computer operator and telecommunications mechanic was granted a security clearance despite concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant admitted to consuming alcohol to excess from 1993 to at least March 2006. This included two arrests in State #1 for Driving Under the Influence (DUI), one in August 2001 resulting in a suspended 30-day jail sentence and alcohol education, and a second in February 2004 for DUI, 2nd Offense, and Speeding. Additionally, the applicant initially failed to disclose military non-judicial punishments on his SF-86.

However, the judge found significant mitigating factors. The applicant voluntarily disclosed his past military non-judicial punishments, indicating no intent to falsify his SF-86. He also successfully completed an alcohol treatment program and has maintained a commitment to sobriety since 2007, with only minor exceptions.

Witnesses provided testimony affirming the applicant's reliability and good judgment in his professional role. Based on these demonstrations of rehabilitation and responsible behavior, the security clearance was granted.

Why the Applicant Prevailed

The applicant voluntarily disclosed past military non-judicial punishments, demonstrating no intent to falsify his SF-86.
He successfully completed an alcohol treatment program and has maintained a commitment to sobriety since 2007, with only minor exceptions.
Witnesses testified to the applicant's reliability and good judgment in his professional capacity.

Conditions Referenced

Disqualifying

G-22(a)raisedAlcohol-related Incidents Away From Work
G-22(c)raisedHabitual or Binge Consumption of Alcohol
J-31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
J-31(c)raisedAllegation or Admission of Criminal Conduct

Mitigating

G-23(a)appliedTime Has Passed or Behavior Was Infrequent
G-23(b)appliedAcknowledgment of Alcohol Issues and Actions Taken
J-32(a)appliedTime Elapsed Since Criminal Behavior
J-32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“The objective of the security clearance process is the fair-minded, commonsense assessment of a person’s life to make an affirmative determination that the person is eligible for a security clearance.”

Procedural Posture

SOR issuedJun 13, 2007
Answer filedJul 5, 2007
Hearing heldSep 25, 2007
Decision dateJan 28, 2008

Cite For

Demonstrating Rehabilitation After Alcohol-related Incidents
Voluntary Disclosure of Past Conduct as a Mitigating Factor
Evidence of Good Character and Reliability From Professional References

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
1.a	Applicant admitted he consumed alcohol, at times to excess and to the point of intoxication from 1993 to at least March 2006.	For Applicant	Questionable Judgment General	—	Admitted	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully	—
1.b	Applicant was arrested in August 2001 in State #1 and charged and found guilty with Driving Under the Influence (DUI), sentenced to 30 days in jail, suspended, and ordered to attend alcohol education classes.	For Applicant	Questionable Judgment General	—	Admitted	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully	—
1.c	Applicant was again arrested in February 2004 in State #1 and charged and pleaded guilty to Driving Under the Influence, 2nd Offense, and Speeding.	For Applicant	Questionable Judgment General	—	Admitted	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully	—
1.d	Applicant failed to disclose his non-judicial punishment while in the military in response to Question 25 on his SF 86.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED	Other	Admitted	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully	Claimed Corrected Falsification Promptly
not recovered from source	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

1.a

Applicant admitted he consumed alcohol, at times to excess and to the point of intoxication from 1993 to at least March 2006.

For Applicant

Questionable Judgment General

—

Admitted

—

(a) prompt, good-faith correction before being confronted

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

—

1.b

Applicant was arrested in August 2001 in State #1 and charged and found guilty with Driving Under the Influence (DUI), sentenced to 30 days in jail, suspended, and ordered to attend alcohol education classes.

For Applicant

Questionable Judgment General

—

Admitted

—

(a) prompt, good-faith correction before being confronted

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

—

1.c

Applicant was again arrested in February 2004 in State #1 and charged and pleaded guilty to Driving Under the Influence, 2nd Offense, and Speeding.

For Applicant

Questionable Judgment General

—

Admitted

—

(a) prompt, good-faith correction before being confronted

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

—

1.d

Applicant failed to disclose his non-judicial punishment while in the military in response to Question 25 on his SF 86.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED

Other

Admitted

—

(a) prompt, good-faith correction before being confronted

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

Claimed

Corrected Falsification Promptly

not recovered from source

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant consumed alcohol, at times to excess and to the point of intoxication from 1993 to at least March 2006.	For Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(b) acknowledges the pattern and has established modified use or abstinence	—
1.b	The applicant was arrested in August 2001 in State #1 and charged and found guilty with Driving Under the Influence (DUI).	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	The applicant was again arrested in February 2004 in State #1 and charged and pleaded guilty to Driving Under the Influence, 2nd Offense.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.d	The applicant failed to disclose his non-judicial punishment while in the military in response to Question 25 on his SF 86.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant consumed alcohol, at times to excess and to the point of intoxication from 1993 to at least March 2006.

For Applicant

Binge or Intoxication Pattern

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

(b) acknowledges the pattern and has established modified use or abstinence

—

1.b

The applicant was arrested in August 2001 in State #1 and charged and found guilty with Driving Under the Influence (DUI).

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.c

The applicant was again arrested in February 2004 in State #1 and charged and pleaded guilty to Driving Under the Influence, 2nd Offense.

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.d

The applicant failed to disclose his non-judicial punishment while in the military in response to Question 25 on his SF 86.

For Applicant

Unspecified Alcohol Incident

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant admitted he consumed alcohol, at times to excess and to the point of intoxication from 1993 to at least March 2006.	For Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(b) pressured/coerced and unlikely to recur absent that pressure	—
1.b	Applicant was arrested in August 2001 in State #1 and charged and found guilty with Driving Under the Influence (DUI), sentenced to 30 days in jail, suspended, and ordered to attend alcohol education classes.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(b) pressured/coerced and unlikely to recur absent that pressure	—
1.c	Applicant was again arrested in February 2004 in State #1 and charged and pleaded guilty to Driving Under the Influence, 2nd Offense, and Speeding.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(b) pressured/coerced and unlikely to recur absent that pressure	—
1.d	Applicant failed to disclose his non-judicial punishment while in the military in response to Question 25 on his SF 86.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant admitted he consumed alcohol, at times to excess and to the point of intoxication from 1993 to at least March 2006.

For Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

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

(b) pressured/coerced and unlikely to recur absent that pressure

—

1.b

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) pressured/coerced and unlikely to recur absent that pressure

—

1.c

Applicant was again arrested in February 2004 in State #1 and charged and pleaded guilty to Driving Under the Influence, 2nd Offense, and Speeding.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) pressured/coerced and unlikely to recur absent that pressure

—

1.d

Applicant failed to disclose his non-judicial punishment while in the military in response to Question 25 on his SF 86.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

Loading case…

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision