ISCR Case 15-06085

Case Headnote

ISCR Case No. 15-06085

deniedNov 20, 2017· Hon. Edward W. Loughran· hearing

Summary

A 66-year-old applicant with a GED was denied a Common Access Card (CAC) due to concerns under Guidelines C (Foreign Preference), D (Sexual Behavior), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed primarily from an extensive criminal history spanning over 48 years, which included multiple serious offenses.

His criminal record began in 1969 with a forgery conviction resulting in a three-year incarceration. In 1971, he was convicted of armed robbery and sentenced to ten years, with seven suspended. Later, in 1996, he was convicted of possession with intent to distribute cocaine. Further drug-related charges in 2005 were refiled in 2007, leading to a 2008 conviction for possession of a controlled substance and a ten-year incarceration. He was released on parole in 2010 and remained on parole as of August 2015.

While the applicant completed a two-year residential drug treatment program and asserted abstinence, mitigating concerns related to illegal drug use, this was insufficient to overcome the established pattern of criminal conduct. His long history of serious offenses and ongoing parole status were key factors in the denial of his CAC eligibility.

Why the Applicant Was Denied

The applicant has a long criminal history, including serious offenses such as armed robbery and drug possession.
He was still on parole as of August 2015, indicating ongoing risk.
The applicant's sincerity and completion of a drug treatment program were insufficient to mitigate the established pattern of criminal conduct.

Conditions Referenced

Disqualifying

AG ¶ 2raisedCriminal or Dishonest Conduct
AG ¶ 5raisedIllegal Use of Narcotics, Drugs, or Other Controlled Substances

Mitigating

AG ¶ 2.cappliedCircumstances Relevant to Disqualifying ConductThe applicant does not remember the 1976 arrest for simple assault, and there is no evidence of a conviction.
AG ¶ 5.cappliedCircumstances Relevant to Drug UseThe applicant completed a two-year residential drug treatment program and asserted he was no longer involved in illegal drugs.

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.”
— DODI 5200.46, Appendix 2 to Enclosure 4, Supplemental Adjudicative Standards, ¶ 2

Procedural Posture

SOR issuedAug 3, 2015
Answer filedAug 25, 2015Applicant elected to have the case decided on the written record.
Hearing held—No hearing; case decided on written record.
Decision dateNov 20, 2017

Cite For

Denial of CAC Eligibility Due to Extensive Criminal History Under Guideline C
Mitigation of Drug Use Concerns Under Guideline H
Consideration of Rehabilitation Efforts in the Context of Ongoing Criminal Conduct Under Guideline D

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

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a–2.a	8 sub-charges — specific text not stated in this decision (4 against, 4 for the applicant).	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a–2.a

8 sub-charges — specific text not stated in this decision (4 against, 4 for the applicant).

Mixed

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
1.a–1.g	7 sub-charges — specific text not stated in this decision (4 against, 3 for the applicant).	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

1.a–1.g

7 sub-charges — specific text not stated in this decision (4 against, 3 for the applicant).

Mixed

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	specific text not stated in this decision	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant has a criminal history going back more than 48 years. In 1969, he was arrested and charged with forgery. He was convicted and sentenced to incarceration for three years.	Against Applicant	Fraud or Deception Criminal	Convicted	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	In 1971, he was arrested and charged with carrying a pistol without a license, carrying a concealed pistol, and armed robbery. He was convicted of armed robbery and sentenced to incarceration for ten years, with seven years suspended.	Against Applicant	Weapons Offense	Convicted	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	Applicant was arrested in 1976 and charged with simple assault. He does not remember this incident. There is no evidence that the charge resulted in a conviction.	For Applicant	Assault or Battery	Conduct No Charge	Unknown	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Documented Passage of Time
1.d	In 1996, Applicant was arrested and charged with possession with intent to distribute cocaine. He was convicted. The sentence is not in the record.	Against Applicant	Drug Related Criminal Charge	Convicted	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	Applicant was arrested in 2005 and charged with possession of a controlled substance for resale and driving under the influence (DUI). The charges were dismissed and then refiled in 2007 as possession of over 26 grams of cocaine for resale, possession of drug paraphernalia, and DUI. In 2008, he was convicted of possession of a controlled substance and sentenced to incarceration for ten years.	Against Applicant	DUI or DWI Criminal	Convicted	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.f	Applicant was released on parole in 2010. He was still on parole as of August 2015.	Against Applicant	Probation or Court Order Violation	—	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.g	Applicant completed a two-year residential drug treatment program and participated in religious studies when he was incarcerated. He asserted that he was no longer involved in illegal drugs.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Unknown	—	(c) no reliable evidence the individual committed the offense	Credited Rehabilitation Evidence
2.a	Applicant mitigated Common Access Card (CAC) credentialing concerns raised under the illegal use of narcotics, drugs, or other controlled substances supplemental adjudicative standards.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Unknown	—	(c) no reliable evidence the individual committed the offense	Credited Rehabilitation Evidence

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant has a criminal history going back more than 48 years. In 1969, he was arrested and charged with forgery. He was convicted and sentenced to incarceration for three years.

Against Applicant

Fraud or Deception Criminal

Convicted

Unknown

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

—

1.b

In 1971, he was arrested and charged with carrying a pistol without a license, carrying a concealed pistol, and armed robbery. He was convicted of armed robbery and sentenced to incarceration for ten years, with seven years suspended.

Against Applicant

Weapons Offense

Convicted

Unknown

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

—

1.c

Applicant was arrested in 1976 and charged with simple assault. He does not remember this incident. There is no evidence that the charge resulted in a conviction.

For Applicant

Assault or Battery

Conduct No Charge

Unknown

—

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

Documented

Passage of Time

1.d

In 1996, Applicant was arrested and charged with possession with intent to distribute cocaine. He was convicted. The sentence is not in the record.

Against Applicant

Drug Related Criminal Charge

Convicted

Unknown

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

—

1.e

Applicant was arrested in 2005 and charged with possession of a controlled substance for resale and driving under the influence (DUI). The charges were dismissed and then refiled in 2007 as possession of over 26 grams of cocaine for resale, possession of drug paraphernalia, and DUI. In 2008, he was convicted of possession of a controlled substance and sentenced to incarceration for ten years.

Against Applicant

DUI or DWI Criminal

Convicted

Unknown

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

—

1.f

Applicant was released on parole in 2010. He was still on parole as of August 2015.

Against Applicant

Probation or Court Order Violation

—

Unknown

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

—

1.g

Applicant completed a two-year residential drug treatment program and participated in religious studies when he was incarcerated. He asserted that he was no longer involved in illegal drugs.

For Applicant

Drug Related Criminal Charge

Conduct No Charge

Unknown

—

(c) no reliable evidence the individual committed the offense

Credited

Rehabilitation Evidence

2.a

Applicant mitigated Common Access Card (CAC) credentialing concerns raised under the illegal use of narcotics, drugs, or other controlled substances supplemental adjudicative standards.

For Applicant

Drug Related Criminal Charge

Conduct No Charge

Unknown

—

(c) no reliable evidence the individual committed the offense

Credited

Rehabilitation Evidence

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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