ISCR Case 02-04388.h1

Case Headnote

ISCR Case No. 02-04388.h1

grantedSep 30, 2003· Hon. Roger C. Wesley· hearing

Summary

A 32-year-old aircraft field engineer was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). These concerns stemmed from three misdemeanor convictions over an eight-year period, which included incidents during his high school years and Navy enlistment.

Specifically, the applicant was charged and convicted of a DWI in June 1995 in State B, resulting in a $1,500 fine, five years of probation, 30 days of public service, and a Navy-mandated alcohol education course. He was also arrested and convicted in November 1996 in State B, receiving a one-day prison sentence, three years of probation, and a $25 restitution order. Additionally, he admitted to consuming alcohol to excess from 1989 to at least November 2001, with an alcohol-related incident occurring in June 1995.

The judge found that the applicant demonstrated significant personal and professional growth, attributing his past conduct to poor judgment and a desire to protect his brother. Crucially, he has maintained sobriety since December 2001 and benefits from a strong support system. These factors led to the decision to grant his security clearance.

Why the Applicant Prevailed

The applicant demonstrated significant rehabilitation and personal growth since his last conviction.
He has maintained sobriety since December 2001, showing commitment to overcoming past alcohol issues.
The applicant's professional success and strong support from family and colleagues contributed to a favorable assessment.

Conditions Referenced

Disqualifying

DC 1raisedAllegations or Admission of Criminal Conduct
DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
DC 1raisedAlcohol-related Incidents Away From Work

Mitigating

MC 1appliedThe Criminal Behavior Was Not Recent
MC 6appliedThere Is Clear Evidence of Rehabilitation
MC 1appliedThe Alcohol-related Incidents Do Not Indicate a Pattern
MC 2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
MC 3appliedPositive Changes in Behavior Supportive of Sobriety

Key Rule Quoted

“A history or pattern of criminal activity creates doubt about a person's judgement, reliability and trustworthiness.”
— Adjudicative Guidelines

Procedural Posture

SOR issuedApr 1, 2003
Answer filedApr 19, 2003
Hearing heldAug 27, 2028
Decision dateSep 30, 2003

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Evidence of Rehabilitation
Mitigation of Alcohol-related Incidents Under Guideline G Due to Sustained Sobriety
Consideration of Personal and Professional Growth 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.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Consumed alcohol, at times to excess and to the point of intoxication, from 1989 to at least November 2001.	For Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
2.b	Involved in an alcohol-related incident in June 1995.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Consumed alcohol, at times to excess and to the point of intoxication, from 1989 to at least November 2001.

For Applicant

Binge or Intoxication Pattern

Admitted

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

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

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

2.b

Involved in an alcohol-related incident in June 1995.

For Applicant

DUI or DWI Alcohol

Admitted

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

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

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged and convicted of three misdemeanor incidents over an eight-year period covering high school and his Navy enlistment.	For Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense	—
1.b	An arrest for DWI in June 1995 in State B, in which he was found guilty, fined $1,500.00, placed on probation for five years, ordered to participate in a public service program for 30 days, and ordered to complete an alcohol education course from the Navy.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense	—
1.c	An arrest in November 1996 in State B, in which he was found guilty and sentenced to one day in prison, three years probation and ordered to make restitution of $25.00.	For Applicant	Trespassing or Burglary	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was charged and convicted of three misdemeanor incidents over an eight-year period covering high school and his Navy enlistment.

For Applicant

Theft or Larceny

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

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

(c) no reliable evidence the individual committed the offense

—

1.b

An arrest for DWI in June 1995 in State B, in which he was found guilty, fined $1,500.00, placed on probation for five years, ordered to participate in a public service program for 30 days, and ordered to complete an alcohol education course from the Navy.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

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

(c) no reliable evidence the individual committed the offense

—

1.c

An arrest in November 1996 in State B, in which he was found guilty and sentenced to one day in prison, three years probation and ordered to make restitution of $25.00.

For Applicant

Trespassing or Burglary

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

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

(c) no reliable evidence the individual committed the offense

—

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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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES