ISCR Case 07-10415.h1

Case Headnote

ISCR Case No. 07-10415.h1

grantedJul 1, 2007· Hon. Shari Dam· hearing

Summary

A 38-year-old test engineer was granted a security clearance despite concerns under Guidelines E (Personal Conduct) and J (Criminal Conduct). The applicant had a history of criminal conduct and personal issues, including a Driving Under the Influence (DUI) charge in 1988 when he was 18, and a 2004 fine for illegally passing a stopped bus.

The most significant incident occurred in May 2006, involving a domestic argument while intoxicated. During this event, he broke down a door, retrieved two guns, fled, hid the guns, and then returned to break a police car windshield with a brick. He was arrested and charged with Breaking and Entering (amended to Criminal Mischief) and Menacing. He pleaded guilty to both charges in July 2006, receiving suspended sentences, probation, fines, restitution orders, and requirements for anger management and drug/alcohol programs. His probation was terminated early in July 2007. Additionally, he was not fully candid during an investigative interview regarding the 2006 charge.

The judge granted the clearance, finding that the applicant had mitigated the government's concerns. He demonstrated significant rehabilitation since the 2006 incident, including counseling and lifestyle changes, and expressed genuine remorse for his past actions. The applicant also maintained stable employment and provided positive character references.

Why the Applicant Prevailed

The applicant demonstrated significant rehabilitation since the 2006 incident, including counseling and lifestyle changes.
He expressed genuine remorse for his past actions and took responsibility for his behavior.
The applicant maintained stable employment and received positive character references from his supervisor and family.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAn Allegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted

Mitigating

AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
AG ¶ 32(d)appliedThere Is Evidence of Successful Rehabilitation; Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Caused Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to Recur
AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 16, 2007
Answer filedDec 10, 2007Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decided on written record.
Decision dateMar 27, 2008

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Evidence of Rehabilitation
Successful Rebuttal of Personal Conduct Concerns Under Guideline E
Consideration of the Whole Person Concept in Security Clearance Determinations

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	Applicant was fined for illegally passing a stopped bus in 2004.	For Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
2.b	Applicant was not completely candid during an investigative interview about the 2006 criminal charge.	For Applicant	Lack of Candor in InterviewNOT DELIBERATE	—	Denied	—	(d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	Claimed Acknowledgment and Remorse

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant was fined for illegally passing a stopped bus in 2004.

For Applicant

Rules Violation at Workplace

—

Admitted

—

2.b

Applicant was not completely candid during an investigative interview about the 2006 criminal charge.

For Applicant

Lack of Candor in InterviewNOT DELIBERATE

—

Denied

—

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

(e) positive steps to reduce vulnerability to exploitation

Claimed

Acknowledgment and Remorse

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In 1988, Applicant was charged with Driving Under the Influence. He was fined and his driver’s license was suspended. He was 18 years old, immature, and was associating with the “wrong crowd.”	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited Passage of Time
1.b	In May 2006, Applicant and his wife became embroiled in a domestic argument while he was intoxicated. He subsequently left the house, but returned within minutes to retrieve some of his personal belongings and found the doors locked. He knocked the door down and his wife called the police. Before leaving the house, he grabbed his two guns. He then fled the scene and hid his guns in the wooded area behind his house. He then returned to his house and became involved in an argument with the police, during which he broke the police car’s windshield with a brick. The police arrested him and charged him with (1) Breaking and Entering, amended to Criminal Mischief, and (2) Menacing. In July 2006, he pleaded guilty to Criminal Mischief, and was sentenced to 365 days confinement, suspended, and placed on two years of probation. He was fined and ordered to pay restitution, in addition to attending an anger management program. He also pleaded guilty to Menacing and was sentenced to 180 days, suspended, and two years of probation. He was ordered to enroll in a drug/alcohol program. On July 31, 2007, his probation was terminated early on both charges.	For Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Rehabilitation Evidence Credited No Subsequent Offenses

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In 1988, Applicant was charged with Driving Under the Influence. He was fined and his driver’s license was suspended. He was 18 years old, immature, and was associating with the “wrong crowd.”

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) currently on parole or probation

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

Credited

Passage of Time

1.b

In May 2006, Applicant and his wife became embroiled in a domestic argument while he was intoxicated. He subsequently left the house, but returned within minutes to retrieve some of his personal belongings and found the doors locked. He knocked the door down and his wife called the police. Before leaving the house, he grabbed his two guns. He then fled the scene and hid his guns in the wooded area behind his house. He then returned to his house and became involved in an argument with the police, during which he broke the police car’s windshield with a brick. The police arrested him and charged him with (1) Breaking and Entering, amended to Criminal Mischief, and (2) Menacing. In July 2006, he pleaded guilty to Criminal Mischief, and was sentenced to 365 days confinement, suspended, and placed on two years of probation. He was fined and ordered to pay restitution, in addition to attending an anger management program. He also pleaded guilty to Menacing and was sentenced to 180 days, suspended, and two years of probation. He was ordered to enroll in a drug/alcohol program. On July 31, 2007, his probation was terminated early on both charges.

For Applicant

Assault or Battery

Convicted

Admitted

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

(c) currently on parole or probation

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

Rehabilitation Evidence

Credited

No Subsequent Offenses

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