ISCR Case 08-04732.h1

Case Headnote

ISCR Case No. 08-04732.h1

deniedDec 19, 2008· Hon. Philip S. Howe· hearing

Summary

A 25-year-old married father of two was denied a security clearance due to a history of criminal conduct and alcohol consumption, falling under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The judge found that the applicant's pattern of alcohol-related offenses and lack of demonstrated rehabilitation raised significant concerns about his reliability and trustworthiness.

The applicant's record included several incidents: a May 2002 arrest for DUI, obstructing justice, aggravated assault on a police officer, and illegal consumption by a minor, resulting in a reckless driving conviction, court supervision, DUI school, public service, and a $1,917 fine. In August 2003, he was involved in an incident of knowingly damaging property valued under $300, accepting blame and paying $230 restitution. July 2004 saw an arrest for being drunk and disorderly in another state, leading to an $855 fine with $350 suspended.

Further incidents included a March 2005 hit-and-run, resulting in a conviction for failure to reduce speed, 90 days of supervision, and a $344 fine. In July 2005, he was arrested for disorderly conduct, an incident he did not recall but for which he provided evidence, resulting in a $119 fine and supervision, with alcohol confirmed as a factor. The denial was based on these multiple alcohol-related arrests, a pattern of poor judgment, and the applicant's failure to provide evidence of rehabilitation or responsible alcohol use since his last incident in 2006.

Why the Applicant Was Denied

The applicant had multiple arrests related to alcohol consumption, demonstrating a pattern of poor judgment and reliability.
The applicant failed to provide evidence of rehabilitation or responsible alcohol use since his last incident in 2006.
The applicant's temper and behavior while consuming alcohol raised concerns about his ability to safeguard classified information.

Conditions Referenced

Disqualifying

AG ¶ 30raisedCriminal Conduct
AG ¶ 31(a)appliedSerious Crime or Multiple Lesser Offenses
AG ¶ 31(c)appliedAdmission of Criminal Conduct
AG ¶ 21raisedAlcohol Consumption
AG ¶ 22(a)appliedAlcohol-related Incidents
AG ¶ 22(c)appliedHabitual or Binge Consumption
AG ¶ 15raisedPersonal Conduct
AG ¶ 16(c)appliedCredible Adverse Information
AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability

Mitigating

AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant has not demonstrated sufficient evidence of rehabilitation or positive steps to mitigate past behavior.
AG ¶ 23(b)rejectedAcknowledgment of AlcoholismThe applicant continues to consume alcohol and has not provided evidence of professional actions to address any alcohol issues.
AG ¶ 17(c)rejectedMinor Offense or Time PassedThe applicant's offenses were not minor, and insufficient time has passed to demonstrate that such conduct is unlikely to recur.

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 19, 2008
Answer filedJun 30, 2008
Hearing heldOct 29, 2008
Decision dateDec 19, 2008

Cite For

Pattern of Alcohol-related Criminal Conduct Under Guideline J
Failure to Demonstrate Rehabilitation Under Guideline G
Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E

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
3.a	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.	Against Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.

Against Applicant

Alcohol Related Arrest

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested May 11, 2002, while at a party with friends. He was charged with driving while intoxicated (DUI), obstructing justice and destroying evidence, aggravated assault on a police officer, and illegal consumption of alcohol by a minor. He was found guilty of reckless driving, and sentenced to one year court supervision, attendance at a DUI school for alcohol awareness, 15 hours of public service, and fined $1,917.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.b	Applicant and his girlfriend, now his wife, were involved in an incident on August 16, 2003. Applicant had three or four beers at a party they attended that night. The charge was Knowingly Damaging Property valued at less than $300. He accepted the blame, even though his girlfriend committed the wrongful acts. He paid $230 restitution.	Against Applicant	Vandalism or Property Damage	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.c	Applicant was arrested in another state for being drunk and disorderly on July 20, 2004. Applicant claims he and a friend had been in a bar talking and drinking when police stopped them as they walked back to their hotel. The police were investigating reports of destruction of property. Applicant was fined $855 and costs, of which $350 was suspended.	Against Applicant	Unspecified Criminal Conduct	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.d	On March 13, 2005, Applicant was arrested in a town near his hometown on charges of failure to reduce speed, leaving the scene of an accident, and improper turn signal usage. He was found guilty of failure to reduce speed, and sentenced to 90 days of supervision and fined $344. This incident was a hit and run by Applicant.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.e	On July 29, 2005, the police arrested Applicant in the same town on disorderly conduct charges. Applicant does not recall this incident, but provided evidence of the offense in the interrogatories he answered on May 20, 2008. The fine paid was $119, and supervision was ordered. Alcohol was involved in this incident.	Against Applicant	Unspecified Criminal Conduct	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested May 11, 2002, while at a party with friends. He was charged with driving while intoxicated (DUI), obstructing justice and destroying evidence, aggravated assault on a police officer, and illegal consumption of alcohol by a minor. He was found guilty of reckless driving, and sentenced to one year court supervision, attendance at a DUI school for alcohol awareness, 15 hours of public service, and fined $1,917.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) currently on parole or probation

—

1.b

Applicant and his girlfriend, now his wife, were involved in an incident on August 16, 2003. Applicant had three or four beers at a party they attended that night. The charge was Knowingly Damaging Property valued at less than $300. He accepted the blame, even though his girlfriend committed the wrongful acts. He paid $230 restitution.

Against Applicant

Vandalism or Property Damage

Conduct No Charge

Admitted

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

(c) currently on parole or probation

—

1.c

Applicant was arrested in another state for being drunk and disorderly on July 20, 2004. Applicant claims he and a friend had been in a bar talking and drinking when police stopped them as they walked back to their hotel. The police were investigating reports of destruction of property. Applicant was fined $855 and costs, of which $350 was suspended.

Against Applicant

Unspecified Criminal Conduct

Convicted

Denied

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

(c) currently on parole or probation

—

1.d

On March 13, 2005, Applicant was arrested in a town near his hometown on charges of failure to reduce speed, leaving the scene of an accident, and improper turn signal usage. He was found guilty of failure to reduce speed, and sentenced to 90 days of supervision and fined $344. This incident was a hit and run by Applicant.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

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

(c) currently on parole or probation

—

1.e

On July 29, 2005, the police arrested Applicant in the same town on disorderly conduct charges. Applicant does not recall this incident, but provided evidence of the offense in the interrogatories he answered on May 20, 2008. The fine paid was $119, and supervision was ordered. Alcohol was involved in this incident.

Against Applicant

Unspecified Criminal Conduct

Convicted

Denied

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

(c) currently on parole or probation

—

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Case Profile

Summary

Why the Applicant Was Denied

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