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ISCR Case 10-06907.h1 — CASE

ISCR Case 10-06907.h1granted

Case Headnote

ISCR Case No. 10-06907.h1

grantedDec 5, 2012· Hon. James F. Duffy· hearing

Summary

This case concerns a pro se applicant who was granted a security clearance despite initial concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons did not detail specific allegations, but the disqualifying conditions raised were G.2.a and J.1.

The applicant successfully mitigated these concerns by demonstrating a commitment to sobriety, including seeking treatment for alcohol-related issues. Furthermore, the applicant's criminal conduct was determined to be isolated, having occurred many years prior with no recent incidents.

The decision to grant the clearance was based on the applicant providing evidence of rehabilitation and positive community involvement, which aligned with mitigating conditions G.3 and J.2.

Why the Applicant Prevailed

The applicant demonstrated a commitment to sobriety and sought treatment for alcohol-related issues.
The applicant's criminal conduct was isolated and occurred many years prior, with no recent incidents.
The applicant provided evidence of rehabilitation and positive community involvement.

Conditions Referenced

Disqualifying

G.2.araisedAlcohol-related Incidents
J.1raisedCriminal Conduct

Mitigating

G.3appliedPositive Changes in Behavior
J.2appliedEvidence of Rehabilitation

Key Rule Quoted

“The security clearance decision is based on the whole person concept, which includes consideration of the applicant's character, conduct, and circumstances.”

Procedural Posture

SOR issuedJul 3, 2012
Answer filedJul 27, 2011Applicant initially did not wish to have a hearing.
Hearing heldDec 5, 2012
Decision date—

Cite For

Mitigation of Alcohol Consumption Issues Under Guideline G
Mitigation of Criminal Conduct Under Guideline J
Whole Person Concept in Security Clearance Decisions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline G (Alcohol Consumption) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The applicant mitigated the security concerns arising under Guideline G (Alcohol Consumption). The judge granted eligibility for access to classified information.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a–1.g	7 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Descriptive standardized rendering of a decided public case (Guideline G). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant mitigated the security concerns arising under Guideline J (Criminal Conduct). As a result, eligibility for access to classified information was granted.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a–1.e	5 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS

In the matter of: ) ) ) ISCR Case No. 10-06907 ) Applicant for Security Clearance )

Appearances

For Government: Robert Kilmartin, Esq., Department Counsel For Applicant: Pro se

12/05/2012 ______________

Decision

______________

DUFFY, James F., Administrative Judge:

Applicant mitigated the security concerns arising under Guidelines G (Alcohol Consumption) and J (Criminal Conduct). Eligibility for access to classified information is granted.

Statement of the Case

On July 3, 2012, the Defense Office of Hearings and Appeals (DOHA) issued Applicant a Statement of Reasons (SOR) detailing security concerns under Guidelines G and J. DOHA acted under Executive Order (EO) 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; Department of Defense Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative guidelines (AG) implemented on September 1, 2006.

On July 27, 2011, Applicant answered the SOR and indicated that he did not wish to have a hearing. On August 23, 2012, he requested hearing. The case was assigned to me on October 12, 2012. DOHA issued a notice of hearing on November 7,