ISCR Case 14-00920.h1

Case Headnote

ISCR Case No. 14-00920.h1

grantedApr 15, 2015· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 39-year-old lead computer technician and veteran was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The allegations stemmed from multiple alcohol-related driving offenses between 1996 and 2012. These included a 2012 DWI conviction, a 2007 DUI citation after consuming alcohol, and a 2004 DUI referenced in a 2009 interview. Additionally, in 1996, while serving overseas, the applicant received non-judicial punishment for DWI.

Further criminal conduct allegations included a 2010 arrest for various charges, including Driving While Impaired by Alcohol, and a 1997 citation for public urination. The applicant stated he had not been drinking prior to the 2010 incident and passed a sobriety test.

The judge found that the applicant had demonstrated significant reform and responsible behavior over several years. Mitigating factors included an incident-free record of responsible alcohol consumption and driving for over three years, a clear understanding of associated risks, and steps taken to avoid future incidents. The applicant's commitment to family and stable employment also contributed to the finding of reform, leading to the granting of his security clearance.

Why the Applicant Prevailed

The applicant established a record of responsible alcohol consumption and driving that has been incident-free for over three years.
He demonstrated a clear understanding of the risks associated with alcohol-related incidents and has taken steps to avoid them.
The applicant's commitment to family and stable employment contributed to the judge's finding of reform.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct

Mitigating

AG ¶ 23(a)rejectedBehavior Was Infrequent or Unlikely to Recur
AG ¶ 23(b)rejectedAcknowledgment of Alcohol Issues and Evidence of Action Taken
AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“The administrative judge’s overarching adjudicative goal is a fair, impartial, and commonsense decision.”

Procedural Posture

SOR issuedJul 30, 2014
Answer filedAug 18, 2014Applicant admitted several allegations.
Hearing heldMar 13, 2015Hearing rescheduled due to inclement weather.
Decision dateApr 15, 2015

Cite For

Mitigation of Alcohol-related Offenses Under Guideline G
Mitigation of Criminal Conduct Under Guideline J
Whole-person Analysis 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	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant pled or was found guilty of multiple alcohol-related driving offenses between 1996 and 2012.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.b	Applicant was arrested and charged with Driver Failure to give Required Signal of Intention to Turn, Driving Vehicle while Impaired by Alcohol (DWI), Failure of Individual Driving on Highway to Display License to Uniformed Police on Demand, Driving Vehicle on Highway with an Expired License, Failure to Display Registration Card Upon Demand by Police officer, and Resist/Interfere with Arrest.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	On or about March 16, 2010, Applicant was pulled over after working a bartending shift. Applicant had not been drinking and he knew he had passed the sobriety test.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.d	On or about September 2007, Applicant was cited for DUI after consuming a couple of beers.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.e	The SOR at 1.e cites to a 2004 DUI, based on a 2009 interview in which Applicant referenced a 2004 DUI, but not a 2006 DUI.	For Applicant	Unspecified Alcohol Incident	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.f	In February 1996, when he was 20 and serving overseas in the military, Applicant received non-judicial punishment for DWI on a Marine Corps base.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant pled or was found guilty of multiple alcohol-related driving offenses between 1996 and 2012.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

1.b

Applicant was arrested and charged with Driver Failure to give Required Signal of Intention to Turn, Driving Vehicle while Impaired by Alcohol (DWI), Failure of Individual Driving on Highway to Display License to Uniformed Police on Demand, Driving Vehicle on Highway with an Expired License, Failure to Display Registration Card Upon Demand by Police officer, and Resist/Interfere with Arrest.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

1.c

On or about March 16, 2010, Applicant was pulled over after working a bartending shift. Applicant had not been drinking and he knew he had passed the sobriety test.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

1.d

On or about September 2007, Applicant was cited for DUI after consuming a couple of beers.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

1.e

The SOR at 1.e cites to a 2004 DUI, based on a 2009 interview in which Applicant referenced a 2004 DUI, but not a 2006 DUI.

For Applicant

Unspecified Alcohol Incident

Denied

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

—

1.f

In February 1996, when he was 20 and serving overseas in the military, Applicant received non-judicial punishment for DWI on a Marine Corps base.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant pled guilty to Driving Vehicle while Impaired by Alcohol (DWI) in February 2012, which was one of multiple alcohol-related driving offenses.	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 (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
2.b	Applicant was cited for public urination in April 1997, which is a lesser offense.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	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 (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant pled guilty to Driving Vehicle while Impaired by Alcohol (DWI) in February 2012, which was one of multiple alcohol-related driving offenses.

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

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

—

2.b

Applicant was cited for public urination in April 1997, which is a lesser offense.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

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

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

—

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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 ANALYSIS

FORMAL FINDINGS

CONCLUSION