ISCR Case 15-05597.h1

Case Headnote

ISCR Case No. 15-05597.h1

grantedJan 30, 2017· Hon. Eric H. Borgstrom· hearing

Summary

A 56-year-old male with a military background sought a security clearance, which was ultimately GRANTED. The case involved concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to a history of criminal offenses spanning 22 years.

The applicant admitted to several charges, including a 1990 arrest for Unlawfully Carrying a Pistol and Disorderly Conduct, though no formal charges or convictions were evident. In 1992, he was charged with DUI but found guilty of Reckless Driving and fined. In 2008, he pled guilty to Driving While Impaired, Reckless Driving, and Open Container, receiving a suspended jail sentence, a fine, and alcohol education. His 2010 DUI – 2nd Offense resulted in a 90-day jail sentence, a fine, and further alcohol education. In 2014, he was charged with Driving after Forfeiture of License and Failure to Appear, which were resolved concurrently with a fine. An allegation of Reckless Driving in 2007 was not substantiated by evidence.

Despite this history, the judge found that the applicant had significantly mitigated the security concerns. He demonstrated substantial rehabilitation, including maintaining sobriety since 2010, taking responsibility for his past actions, and making positive lifestyle changes. His academic achievements, community involvement, and new employment environment further reduced the likelihood of recurrence, leading to the grant of eligibility for access to classified information.

Why the Applicant Prevailed

The applicant demonstrated significant rehabilitation by maintaining sobriety since 2010.
He has taken responsibility for his past criminal conduct and made positive lifestyle changes.
The applicant's relocation and new employment environment reduced the likelihood of recurrence of past behavior.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal Conduct
AG ¶ 16(d)(3)raisedPattern of Dishonesty or Rule Violations

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 12, 2016
Answer filedMar 3, 2016Applicant elected to proceed without a hearing.
Hearing held—Written record decision.
Decision dateJan 30, 2017

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Significant Rehabilitation
Application of Whole-person Concept in Security Clearance Determinations
Consideration of Time Elapsed Since Criminal Behavior in Adjudication 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	—	Unknown	—	(d) acknowledged the behavior; counseling/positive steps taken	—

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

—

Unknown

—

(d) acknowledged the behavior; counseling/positive steps taken

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In 1990, Applicant was charged with (1) Unlawfully Carrying a Pistol and (2) Disorderly Conduct. Applicant explained that he had been given several firearms following the death of his stepfather, and that he was transporting the firearms from Missouri to South Carolina for registration and proper storage. En route, he fell asleep and was startled by law enforcement. One of the firearms was confiscated. Although Applicant admits that he was arrested, there is no evidence of any formal charges or convictions, and Applicant stated that no punishment or sentence was imposed.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.b	In 1992, Applicant was charged with Driving Under the Influence (DUI). He admitted the arrest, but was found guilty of a lesser offense (Reckless Driving) and fined.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.c	SOR ¶ 1.c. alleges that Applicant was charged with Reckless Driving in 2007. No record evidence was offered to substantiate this allegation.	For Applicant	Unspecified Criminal Conduct	—	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	In 2008, Applicant was charged with (1) Driving While Impaired (DWI); (2) Reckless Driving; and (3) Open Container. Applicant admits his blood alcohol level exceeded the legal limit and that he was charged with DWI/DUI. He pled guilty. He received a suspended jail sentence, was fined, and was ordered to complete alcohol education.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.e	In 2010, Applicant was charged with DUI – 2nd Offense. He pled guilty. He was sentenced to 90 days in jail, fined, and ordered to complete alcohol education.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.f	In 2014, Applicant was charged with Driving after Forfeiture of License, and he was subsequently cited for Failure to Appear on this charge. Applicant was under the mistaken impression the court hearing had been continued. The charges were handled concurrently, and he was fined approximately $260.	For Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.g	The 2014 matters are listed in SOR ¶¶ 1.f. and 1.g.	For Applicant	Unspecified Criminal Conduct	—	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In 1990, Applicant was charged with (1) Unlawfully Carrying a Pistol and (2) Disorderly Conduct. Applicant explained that he had been given several firearms following the death of his stepfather, and that he was transporting the firearms from Missouri to South Carolina for registration and proper storage. En route, he fell asleep and was startled by law enforcement. One of the firearms was confiscated. Although Applicant admits that he was arrested, there is no evidence of any formal charges or convictions, and Applicant stated that no punishment or sentence was imposed.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

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

—

1.b

In 1992, Applicant was charged with Driving Under the Influence (DUI). He admitted the arrest, but was found guilty of a lesser offense (Reckless Driving) and fined.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

1.c

SOR ¶ 1.c. alleges that Applicant was charged with Reckless Driving in 2007. No record evidence was offered to substantiate this allegation.

For Applicant

Unspecified Criminal Conduct

—

Unknown

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

—

1.d

In 2008, Applicant was charged with (1) Driving While Impaired (DWI); (2) Reckless Driving; and (3) Open Container. Applicant admits his blood alcohol level exceeded the legal limit and that he was charged with DWI/DUI. He pled guilty. He received a suspended jail sentence, was fined, and was ordered to complete alcohol education.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

1.e

In 2010, Applicant was charged with DUI – 2nd Offense. He pled guilty. He was sentenced to 90 days in jail, fined, and ordered to complete alcohol education.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

1.f

In 2014, Applicant was charged with Driving after Forfeiture of License, and he was subsequently cited for Failure to Appear on this charge. Applicant was under the mistaken impression the court hearing had been continued. The charges were handled concurrently, and he was fined approximately $260.

For Applicant

Traffic Offense Pattern

Convicted

Admitted

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

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

—

1.g

The 2014 matters are listed in SOR ¶¶ 1.f. and 1.g.

For Applicant

Unspecified Criminal Conduct

—

Unknown

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

—

Loading case…

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