ISCR Case 16-00134.h1

Case Headnote

ISCR Case No. 16-00134.h1

grantedAug 28, 2017· Hon. LeRoy F. Foreman· hearing

Summary

A 43-year-old merchant mariner employed by a defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons detailed multiple past incidents. In December 2012, the applicant was convicted of DUI and pleaded no contest to driving on a suspended license. Earlier, in July 2011, a charge of using threatening language was dismissed. In February 2005, she was accused of property destruction, but no conviction was documented.

Further allegations included a March 1999 conviction for petty larceny, resulting in community service, and a December 1996 charge of grand larceny that was reduced to petty larceny, leading to a fine, community service, and restitution. In July 1994, an accusation of making a false official statement resulted in no action due to insufficient evidence. Finally, in December 1993, as a 20-year-old military family member, she was ordered to perform community service for an assault.

The judge ultimately granted the clearance, finding that the applicant had demonstrated significant rehabilitation, with no criminal activity in the five years preceding the decision. Her professional reputation was strong, supported by performance evaluations and peer testimonials. The applicant also exhibited candor and remorse regarding her past conduct, indicating a commitment to change.

Why the Applicant Prevailed

The applicant demonstrated significant rehabilitation with no criminal activity in the past five years.
The applicant's performance evaluations and peer testimonials indicated she is a valuable and trusted employee.
The applicant was candid and sincere about her past conduct, showing remorse and a commitment to change.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 16(c)raisedCredible Adverse Information
AG ¶ 16(d)raisedCredible Adverse Information Not Covered by Other Guidelines
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(c)appliedNo Reliable Evidence to Support the Individual Committed the Offense
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 17(c)appliedMinor Offense or Unique Circumstances
AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to Exploitation

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedJun 15, 2016
Answer filedAug 11, 2016
Hearing heldJun 8, 2017
Decision dateAug 28, 2017

Cite For

Demonstrating Successful Rehabilitation After Criminal Conduct
Importance of Character References in Security Clearance Decisions
Application of Whole-person Assessment in Adjudication

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	—	—	—

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In December 2012, Applicant was charged with driving under the influence of alcohol (DUI) and driving on a suspended license. She pleaded not guilty to the DUI but was convicted. She pleaded nolo contendere (no contest) to driving on a suspended license.	For Applicant	DUI or DWI Criminal	Convicted	Denied	(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.)	Documented Abstinence Period Documented Documented Rehabilitation Evidence
1.b	In December 2012, Applicant was charged with driving under the influence of alcohol (DUI) and driving on a suspended license. She pleaded not guilty to the DUI but was convicted. She pleaded nolo contendere (no contest) to driving on a suspended license.	For Applicant	Traffic Offense Pattern	Convicted	Denied	(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.)	Documented Abstinence Period Documented Documented Rehabilitation Evidence
1.c	In July 2011, Applicant was charged with using threatening or vulgar language on the telephone. She denied the charge. The charge was dismissed when her accuser failed to appear in court.	For Applicant	Unspecified Criminal Conduct	Acquitted or Found Not Guilty	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	In February 2005, Applicant was charged with destruction of property by 'keying' her husband’s ex-girlfriend’s car. Applicant denied the charge, which she attributed to jealousy and vindictiveness. There is no documentary evidence of a conviction or sentence in the record.	For Applicant	Unspecified Criminal Conduct	—	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	In March 1999, Applicant shoplifted some makeup from a drug store and was charged with petty larceny, a misdemeanor. She was convicted and sentenced to 75 hours of community service.	For Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	In December 1996, Applicant was charged with grand larceny, a felony. She pleaded guilty to petty larceny, a misdemeanor, and was sentenced to a fine, community service, and restitution.	For Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	In July 1994, Applicant was accused of making a false official statement, apparently accusing her mother of assaulting her. No action was taken because of insufficient evidence.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.h	In December 1993, when Applicant was a 20-year-old military family member assigned overseas, she was accused of striking another person at a dance in a military social facility. An Army battalion commander ordered Applicant to perform 30 hours of community service for an assault consummated by a battery.	For Applicant	Assault or Battery	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In December 2012, Applicant was charged with driving under the influence of alcohol (DUI) and driving on a suspended license. She pleaded not guilty to the DUI but was convicted. She pleaded nolo contendere (no contest) to driving on a suspended license.

For Applicant

DUI or DWI Criminal

Convicted

Denied

(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.)

Documented

Abstinence Period Documented

Documented

Rehabilitation Evidence

1.b

For Applicant

Traffic Offense Pattern

Convicted

Denied

(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.)

Documented

Abstinence Period Documented

Documented

Rehabilitation Evidence

1.c

In July 2011, Applicant was charged with using threatening or vulgar language on the telephone. She denied the charge. The charge was dismissed when her accuser failed to appear in court.

For Applicant

Unspecified Criminal Conduct

Acquitted or Found Not Guilty

Denied

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

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

—

1.d

In February 2005, Applicant was charged with destruction of property by 'keying' her husband’s ex-girlfriend’s car. Applicant denied the charge, which she attributed to jealousy and vindictiveness. There is no documentary evidence of a conviction or sentence in the record.

For Applicant

Unspecified Criminal Conduct

—

Denied

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

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

—

1.e

In March 1999, Applicant shoplifted some makeup from a drug store and was charged with petty larceny, a misdemeanor. She was convicted and sentenced to 75 hours of community service.

For Applicant

Theft or Larceny

Convicted

Admitted

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

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

—

1.f

In December 1996, Applicant was charged with grand larceny, a felony. She pleaded guilty to petty larceny, a misdemeanor, and was sentenced to a fine, community service, and restitution.

For Applicant

Theft or Larceny

Convicted

Admitted

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

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

—

1.g

In July 1994, Applicant was accused of making a false official statement, apparently accusing her mother of assaulting her. No action was taken because of insufficient evidence.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

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

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

—

1.h

In December 1993, when Applicant was a 20-year-old military family member assigned overseas, she was accused of striking another person at a dance in a military social facility. An Army battalion commander ordered Applicant to perform 30 hours of community service for an assault consummated by a battery.

For Applicant

Assault or Battery

Conduct No Charge

Denied

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

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

—

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES