ISCR Case 16-01179.h1

Case Headnote

ISCR Case No. 16-01179.h1

grantedJul 1, 2016· Hon. LeRoy F. Foreman· hearing

Summary

A 36-year-old aircraft mechanic was granted a security clearance despite a history of multiple arrests and convictions, primarily for driving offenses, which raised concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant's record included a 1998 conviction for petit theft, multiple underage alcohol possession convictions in 1998 and 1999, and numerous driving-related offenses between 2000 and 2013. These included convictions for driving without a license, failure to provide proof of insurance, hit-and-run, open-container violations, and driving under the influence (DUI). Additionally, he faced charges for failure to appear in court, driving on a suspended license, and a 2009 charge for cocaine possession, which was dismissed after he completed drug tests and counseling.

The judge found that the applicant had demonstrated significant rehabilitation and maturity since his last offense, which occurred over five years prior. This was evidenced by his resolution of outstanding warrants and consistent employment.

Furthermore, the applicant had held an interim security clearance during deployment to a combat zone, which was considered indicative of his trustworthiness in a sensitive role. The decision to grant the clearance was based on a "whole-person concept" assessment, acknowledging his current maturity and responsibility.

Why the Applicant Prevailed

The applicant demonstrated significant rehabilitation by resolving outstanding warrants and maintaining steady employment since his last offense.
He held an interim security clearance while deployed to a combat zone, indicating trustworthiness in a sensitive role.
The applicant's conduct was assessed under the whole-person concept, showing maturity and responsibility in his current life circumstances.

Conditions Referenced

Disqualifying

AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(d)raisedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline
AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 17(c)appliedThe Offense Is so Minor or so Much Time Has Passed
AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
— Exec. Or. 10865 § 2.

Procedural Posture

SOR issuedJul 30, 2016
Answer filedAug 19, 2016
Hearing heldMar 21, 2017
Decision dateAug 8, 2017

Cite For

Demonstrating Successful Rehabilitation Under Guideline J
Application of the Whole-person Concept in Security Clearance Decisions
Mitigating Factors for Past Criminal Conduct Under Guidelines E and J

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	In October 1998, Applicant was charged with felony burglary and misdemeanor petit theft for stealing a pack of cigarettes from a grocery store. He was convicted of petit theft and sentenced to jail for 11 months and 28 days, probation for two years and a fine.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.b	In November 1998 and February 1999, Applicant was convicted of underage alcohol possession, and he was fined each time.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.c	In August 2000, Applicant was convicted of failure to provide proof of insurance and driving without a license. He was fined for the insurance violation and sentenced to 30 days in jail, with 28 days suspended for driving without a license.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.d	In October 2002, Applicant was convicted of a hit-and-run violation and failure to provide proof of insurance. He was sentenced to 30 days in jail, with 28 days suspended. On the same day, he also was charged with a probation violation, and in July 2003 he was fined for the violation.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.e	In December 2002, Applicant was charged with failure to provide proof of insurance and driving without a license. The insurance charge was dismissed and he was sentenced to five days in jail for driving without a license.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.f	In March 2003, Applicant was convicted of failure to provide proof of insurance and driving with an expired driver’s license and was fined.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.g	In July 2003, Applicant was convicted of an open-container violation and was fined.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.h	In February 2004, Applicant was convicted of driving without a license and failure to provide proof of insurance. He was sentenced to 90 days in jail for driving without a license, with 88 days suspended. A warrant was issued in June 2004 when he failed to report for jail.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.i	In October 2004, Applicant was convicted of driving under the influence (DUI), driving without a license (2nd offense), driving with fictitious license plates, and a probation violation. He was sentenced to 90 days in jail with 88 days suspended for the DUI, 365 days in jail with 345 suspended for driving without a license, and 30 days in jail for the probation violation. A warrant was issued for a probation violation.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.j	In November 2004, Applicant was convicted of driving without a license and without insurance. He was sentenced to 180 days in jail with 160 days suspended.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.k	The SOR alleges that, in February 2008, Applicant was charged with failure to appear in court. There is no documentary evidence supporting this allegation. (low confidence)	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
1.l	In April 2009, Applicant was charged with driving on a suspended license. Adjudication was withheld.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.m	In July 2009, Applicant was charged with possession of cocaine. Court records reflect a felony arrest but do not reflect the underlying offense. Applicant testified that he asked a friend for a ride home, the friend made a cocaine purchase on the way home, and the friend dropped the bag of cocaine into his lap when a police officer approached the car. He was required to undergo drug tests for 30 days and drug counseling, after which the charges were dismissed.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.n	In March 2011, Applicant was convicted of driving with a suspended license. Court records do not reflect the sentence.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.o	In January 2013, Applicant was charged with driving without a license. Adjudication was withheld.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
1.p	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

In October 1998, Applicant was charged with felony burglary and misdemeanor petit theft for stealing a pack of cigarettes from a grocery store. He was convicted of petit theft and sentenced to jail for 11 months and 28 days, probation for two years and a fine.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.b

In November 1998 and February 1999, Applicant was convicted of underage alcohol possession, and he was fined each time.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.c

In August 2000, Applicant was convicted of failure to provide proof of insurance and driving without a license. He was fined for the insurance violation and sentenced to 30 days in jail, with 28 days suspended for driving without a license.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.d

In October 2002, Applicant was convicted of a hit-and-run violation and failure to provide proof of insurance. He was sentenced to 30 days in jail, with 28 days suspended. On the same day, he also was charged with a probation violation, and in July 2003 he was fined for the violation.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.e

In December 2002, Applicant was charged with failure to provide proof of insurance and driving without a license. The insurance charge was dismissed and he was sentenced to five days in jail for driving without a license.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.f

In March 2003, Applicant was convicted of failure to provide proof of insurance and driving with an expired driver’s license and was fined.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.g

In July 2003, Applicant was convicted of an open-container violation and was fined.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.h

In February 2004, Applicant was convicted of driving without a license and failure to provide proof of insurance. He was sentenced to 90 days in jail for driving without a license, with 88 days suspended. A warrant was issued in June 2004 when he failed to report for jail.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.i

In October 2004, Applicant was convicted of driving under the influence (DUI), driving without a license (2nd offense), driving with fictitious license plates, and a probation violation. He was sentenced to 90 days in jail with 88 days suspended for the DUI, 365 days in jail with 345 suspended for driving without a license, and 30 days in jail for the probation violation. A warrant was issued for a probation violation.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.j

In November 2004, Applicant was convicted of driving without a license and without insurance. He was sentenced to 180 days in jail with 160 days suspended.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.k

The SOR alleges that, in February 2008, Applicant was charged with failure to appear in court. There is no documentary evidence supporting this allegation. (low confidence)

For Applicant

Unspecified Personal Conduct

—

Unknown

—

1.l

In April 2009, Applicant was charged with driving on a suspended license. Adjudication was withheld.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.m

In July 2009, Applicant was charged with possession of cocaine. Court records reflect a felony arrest but do not reflect the underlying offense. Applicant testified that he asked a friend for a ride home, the friend made a cocaine purchase on the way home, and the friend dropped the bag of cocaine into his lap when a police officer approached the car. He was required to undergo drug tests for 30 days and drug counseling, after which the charges were dismissed.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.n

In March 2011, Applicant was convicted of driving with a suspended license. Court records do not reflect the sentence.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.o

In January 2013, Applicant was charged with driving without a license. Adjudication was withheld.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

1.p

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
2.a	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Admitted	(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.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Admitted

(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.)

—

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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