ISCR Case 05-00199.h1

Case Headnote

ISCR Case No. 05-00199.h1

grantedSep 19, 2006· Hon. Shari Dam· hearing

Summary

This case concerns a 27-year-old woman, the sole provider for her two children, who sought eligibility for a sensitive position despite a history of criminal conduct. The Statement of Reasons detailed three incidents: a $140 unpaid fine for disorderly conduct in April 1996; an arrest in November 1998 for property damage and disorderly conduct, resulting in a $662 fine paid in July 2000 after a warrant was issued; and an arrest in November 2000 for disorderly conduct and use of a dangerous weapon, where she threatened her former boyfriend with a knife. For the last incident, she pleaded guilty in January 2003, received 12 months probation, paid $125 in court costs, and attended a Certified Abuser Treatment Program from January to March 2003, completing probation on January 2, 2004.

The judge applied Guideline J (Criminal Conduct), noting Disqualifying Conditions 1 and 2. However, the applicant successfully mitigated these concerns by demonstrating rehabilitation. Key factors included her completion of a behavioral management program and the significant time lapse of nearly six years since her last criminal incident.

Additionally, positive performance evaluations and testimonials from her supervisors affirmed her reliability and trustworthiness. Based on this evidence of rehabilitation and positive conduct, the applicant was granted eligibility for assignment to sensitive duties.

Why the Applicant Prevailed

The applicant demonstrated successful rehabilitation through completion of a behavioral management program.
There was a significant time lapse since the last incident of criminal conduct, which occurred almost six years prior.
Positive performance evaluations and testimonials from supervisors indicated the applicant's reliability and trustworthiness.

Conditions Referenced

Disqualifying

DC 1raisedAny Conduct, Regardless of Whether the Person Was Formally Charged
DC 2raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

MC 1appliedThe Behavior Was Not Recent
MC 5appliedThere Is Clear Evidence of Successful Rehabilitation

Key Rule Quoted

“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person's loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
— DoD 5200.2-R, ¶ C6.1.1.1.

Procedural Posture

SOR issuedMay 12, 2006
Answer filedJun 6, 2006Applicant requested a hearing.
Hearing heldAug 22, 2006
Decision dateSep 19, 2006

Cite For

Successful Rehabilitation Under Guideline J
Mitigation of Criminal Conduct Concerns
Consideration of the 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.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In April 1996, Applicant was cited for disorderly conduct after she engaged in a physical fight with another woman. She was fined $140, which remains unpaid.	For Applicant	Assault or Battery	Conduct No Charge	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 (b) pressured/coerced and unlikely to recur absent that pressure	—
1.b	In November 1998, Applicant was arrested and charged with Damage to Property and Disorderly Conduct, both misdemeanors, after engaging in a physical fight with some women and later damaging someone's car. In February 2000, she pleaded No Contest, was found guilty and fined $662. She paid the fine in July 2000 after a warrant was issued for her arrest.	For Applicant	Assault or Battery	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 (b) pressured/coerced and unlikely to recur absent that pressure	—
1.c	In November 2000, she was arrested and charged with Disorderly Conduct and Use of Dangerous Weapon after she had a heated altercation with her former boyfriend and threatened him with a knife. She pleaded guilty in January 2003, was sentenced to 12 months probation and ordered to pay court costs of $125. She was referred to the Certified Abuser Treatment Program, which she attended twice a week from January 2003 through March 2003. She completed probation on January 2, 2004.	For Applicant	Assault or Battery	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 (b) pressured/coerced and unlikely to recur absent that pressure	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In April 1996, Applicant was cited for disorderly conduct after she engaged in a physical fight with another woman. She was fined $140, which remains unpaid.

For Applicant

Assault or Battery

Conduct No Charge

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

(b) pressured/coerced and unlikely to recur absent that pressure

—

1.b

In November 1998, Applicant was arrested and charged with Damage to Property and Disorderly Conduct, both misdemeanors, after engaging in a physical fight with some women and later damaging someone's car. In February 2000, she pleaded No Contest, was found guilty and fined $662. She paid the fine in July 2000 after a warrant was issued for her arrest.

For Applicant

Assault or Battery

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

(b) pressured/coerced and unlikely to recur absent that pressure

—

1.c

In November 2000, she was arrested and charged with Disorderly Conduct and Use of Dangerous Weapon after she had a heated altercation with her former boyfriend and threatened him with a knife. She pleaded guilty in January 2003, was sentenced to 12 months probation and ordered to pay court costs of $125. She was referred to the Certified Abuser Treatment Program, which she attended twice a week from January 2003 through March 2003. She completed probation on January 2, 2004.

For Applicant

Assault or Battery

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

(b) pressured/coerced and unlikely to recur absent that pressure

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES