A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 10-06907.h1
GrantedDecided Dec 5, 2012 · Administrative Judge James F. Duffy · Hearing
Case headnote
Summary
The applicant, a pro se individual, faced security concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant successfully mitigated these concerns, leading to a granted security clearance.
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.a Alcohol-related incidentsraised
- J.1 Criminal conductraised
Mitigating
- G.3 Positive changes in behaviorapplied
- J.2 Evidence of rehabilitationapplied
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 issued
- July 3, 2012
- Answer filed
- July 27, 2011 Applicant initially did not wish to have a hearing.
- Hearing held
- December 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.
From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
Allegations under Guideline G
Reading the 7 per allegation rows needs a free account.
7 rows in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Allegations under Guideline J
Reading the 5 per allegation rows needs a free account.
5 rows in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
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,