Summary
A 59-year-old regional operations manager sought reinstatement of his Common Access Credential (CAC) eligibility, which was granted despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had a history of nine arrests over 22 years, with the charges including automobile burglary, two instances of driving under the influence (DUI), two instances of fraud related to insufficient funds, violation of the uniform controlled substances act, assault, domestic violence, resisting arrest, two counts of reckless endangerment, and domestic assault. Only one of these arrests resulted in a conviction.
Additionally, the applicant made a material false statement on his March 2014 SF-85, answering "no" to a question about probation within the last seven years. Disqualifying conditions were raised under SAS ¶ 2b(1), SAS ¶ 2b(2), SAS ¶ 2b(4), SAS ¶ 2b(5), and SAS ¶ 3b.
However, the judge found that the applicant had demonstrated significant rehabilitation and maturity since his last incident in 2009. He provided credible explanations for his past conduct and expressed sincere remorse. Character references supported his positive contributions and reliability in his current employment. Mitigating conditions were applied under SAS ¶ 2c(1), SAS ¶ 2c(4), and SAS ¶ 3c(2), leading to the granting of his CAC eligibility.
Why the Applicant Prevailed
- The applicant demonstrated significant rehabilitation and maturity since his last incident in 2009.
- He provided credible explanations for his past conduct and showed sincere remorse.
- Character references supported the applicant's positive contributions and reliability in his current employment.
Conditions Referenced
- SAS ¶ 2b(1)raisedCriminal or Dishonest Conduct
- SAS ¶ 2b(2)raisedCriminal or Dishonest Conduct
- SAS ¶ 2b(4)raisedCriminal or Dishonest Conduct
- SAS ¶ 2b(5)raisedCriminal or Dishonest Conduct
- SAS ¶ 3braisedMaterial, Intentional False Statement, Deception, or Fraud
- SAS ¶ 2c(1)appliedCriminal or Dishonest Conduct
- SAS ¶ 2c(4)appliedCriminal or Dishonest Conduct
- SAS ¶ 3c(2)appliedMaterial, Intentional False Statement, Deception, or Fraud
Key Rule Quoted
“The objective of CAC credentialing process is the fair-minded commonsense assessment of a person’s life to make an affirmative determination that the person is an acceptable risk to have CAC eligibility.”
Procedural Posture
- SOR issuedApr 13, 2016
- Answer filedApr 25, 2016
- Hearing heldNov 16, 2016
- Decision dateDec 28, 2016
Cite For
- Mitigation of Criminal Conduct Under Guideline E Due to Evidence of Rehabilitation
- Mitigation of Material False Statements Under Guideline J When Unintentional and Promptly Corrected
- Consideration of Character Evidence in CAC Eligibility Determinations