ISCR Case 10-09035.h1

Case Headnote

ISCR Case No. 10-09035.h1

grantedJan 31, 2014· Hon. Mary E. Henry· hearing

Summary

A 42-year-old aviation mechanic was granted a security clearance despite a Statement of Reasons (SOR) citing concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The SOR detailed a history of criminal conduct, including a 1993 arrest for felony methamphetamine possession, felony firearm possession, and misdemeanor assault on a police officer, followed by a 1994 arrest for disorderly conduct and public intoxication.

Additionally, the applicant had four DUI arrests between 1996 and 2010. Financial concerns arose from a failure to file federal income tax returns for 1993, 1994, and 1996, resulting in a $12,262 IRS lien filed in 2003, which was subsequently released and recorded in 2013.

The judge granted the clearance, finding that the applicant had mitigated the security concerns. This was supported by the applicant's complete abstinence from alcohol since May 2010, completion of an alcohol counseling program, and a stable employment record. The applicant also provided positive testimonials, and the past criminal conduct was deemed to have occurred under unusual circumstances and had not recurred for many years.

Why the Applicant Prevailed

The applicant demonstrated successful rehabilitation by abstaining from alcohol since May 2010 and completing an alcohol counseling program.
The applicant provided evidence of good character and reliability through positive testimonials from supervisors and co-workers.
The applicant's past criminal conduct was deemed to have occurred under unusual circumstances and has not recurred for many years.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation

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

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 7, 2012
Answer filedMar 31, 2012
Hearing heldNov 20, 2013Originally scheduled for October 9, 2013, but canceled due to Government shutdown.
Decision dateJan 31, 2014

Cite For

Successful Rehabilitation After Multiple Duis
Mitigation of Criminal Conduct Under Unusual Circumstances
Evidence of Good Character and Reliability From Co-workers and Supervisors

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–3.g	7 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a–3.g

7 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
4.a	failed to file his federal income tax returns in 1993, 1994, and 1996. The Internal Revenue Service (IRS) determined that he owed $12,262 in unpaid taxes for these years and filed a lien against him on April 18, 2003. $12,262	For Applicant	Tax Unpaid	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
4.b	The IRS provided Applicant with a Certificate of Release of Federal Tax Lien, which Applicant recorded on December 10, 2013.	For Applicant	Tax Filing Failure	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

4.a

failed to file his federal income tax returns in 1993, 1994, and 1996. The Internal Revenue Service (IRS) determined that he owed $12,262 in unpaid taxes for these years and filed a lien against him on April 18, 2003.

$12,262

For Applicant

Tax Unpaid

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

4.b

The IRS provided Applicant with a Certificate of Release of Federal Tax Lien, which Applicant recorded on December 10, 2013.

For Applicant

Tax Filing Failure

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The applicant has a history of alcohol-related arrests, including four DUIs between 1996 and 2010.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of alcohol-related arrests, including four DUIs between 1996 and 2010.

For Applicant

DUI or DWI Alcohol

Admitted

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

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

(a) so much time has passed / so infrequent that it is unlikely to recur

(b) acknowledges the pattern and has established modified use or abstinence

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In February 1993, the police arrested and charged Applicant with possession of methamphetamine, a felony; committing the offense while armed with a firearm, a felony; and willfully and unlawfully using force against a police officer engaged in the performance of his duties, a misdemeanor.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.b	In June 1994, the police arrested Applicant and charged him with disorderly conduct and public intoxication.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	—	—
1.c	In June 1996, the police arrested Applicant and charged him with driving under the influence (DUI) and driving with a blood alcohol level of .08 or higher.	For Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.d	In May 2000, the police arrested Applicant and charged him with DUI, first offender.	For Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.e	In September 2004, the police arrested Applicant and charged him with DUI and DUI with a blood alcohol level of .08 or higher.	For Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.f	On May 2, 2010, the police arrested Applicant for DUI.	For Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.g	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In February 1993, the police arrested and charged Applicant with possession of methamphetamine, a felony; committing the offense while armed with a firearm, a felony; and willfully and unlawfully using force against a police officer engaged in the performance of his duties, a misdemeanor.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

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

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

—

1.b

In June 1994, the police arrested Applicant and charged him with disorderly conduct and public intoxication.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

—

1.c

In June 1996, the police arrested Applicant and charged him with driving under the influence (DUI) and driving with a blood alcohol level of .08 or higher.

For Applicant

DUI or DWI Criminal

Convicted

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

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

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

—

1.d

In May 2000, the police arrested Applicant and charged him with DUI, first offender.

For Applicant

DUI or DWI Criminal

Convicted

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

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

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

—

1.e

In September 2004, the police arrested Applicant and charged him with DUI and DUI with a blood alcohol level of .08 or higher.

For Applicant

DUI or DWI Criminal

Convicted

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

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

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

—

1.f

On May 2, 2010, the police arrested Applicant for DUI.

For Applicant

DUI or DWI Criminal

Convicted

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

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

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

—

1.g

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

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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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES