ISCR Case 05-00808.h1

Case Headnote

ISCR Case No. 05-00808.h1

deniedMay 23, 2006· Hon. Juan J. Rivera· hearing

Summary

A 35-year-old male applicant was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant had a history of seven criminal offenses between 1988 and 2004, most of which were alcohol-related. These included a 1994 felony conviction for malicious wounding, for which he served 18 months of a 10-year sentence. Other convictions included brandishing a weapon in 1995, driving while intoxicated in 1995, and assault and inflicting serious injury in 2004.

Additionally, the applicant demonstrated a significant history of financial irresponsibility, being financially overextended since 1996 with numerous unpaid debts and a lack of effort to resolve them. While one financial mitigating condition was applied, it was insufficient to overcome the overall concerns.

The judge determined that the applicant failed to mitigate the security concerns stemming from his criminal conduct and financial issues. His alcohol consumption was directly linked to his criminal behavior, and he did not demonstrate successful rehabilitation. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant has a history of seven criminal offenses, primarily alcohol-related, including a felony conviction for malicious wounding.
He has been financially overextended since 1996, with numerous unpaid debts and a lack of effort to resolve them.
The applicant's alcohol consumption has been linked to his criminal behavior, and he failed to demonstrate successful rehabilitation.

Conditions Referenced

Disqualifying

J DC 1raisedAllegations or Admission of Criminal Conduct
J DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
F DC 1raisedA History of Not Meeting Financial Obligations
F DC 3raisedInability or Unwillingness to Satisfy Debts
G DC 1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
G DC 5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment

Mitigating

F MC 3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control

Key Rule Quoted

“The government has the initial burden of proving controverted facts alleged in the SOR.”

Procedural Posture

SOR issuedOct 11, 2005
Answer filedNov 5, 2005Received by DOHA.
Hearing heldMar 21, 2006
Decision dateMay 23, 2006

Cite For

Denial Based on a Pattern of Criminal Conduct Under Guideline J
Financial Irresponsibility Leading to Security Concerns Under Guideline F
Alcohol-related Incidents Impacting Judgment Under Guideline G

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
4.a–4.b	2 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

4.a–4.b

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

For Applicant

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a–2.ee	31 sub-charges — specific text not stated in this decision (16 against, 12 for the applicant).	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a–2.ee

31 sub-charges — specific text not stated in this decision (16 against, 12 for the applicant).

Mixed

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	The applicant has a history of alcohol-related incidents, including a DWI and multiple assaults where alcohol was likely a factor.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (e) failure to follow treatment advice once diagnosed	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

The applicant has a history of alcohol-related incidents, including a DWI and multiple assaults where alcohol was likely a factor.

Against Applicant

DUI or DWI Alcohol

Admitted

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

(e) failure to follow treatment advice once diagnosed

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Between 1988 and 2004, Applicant was charged with or convicted of seven criminal offenses, most of them alcohol related.	Against 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	—	—
1.b	As a result of a 1994 conviction, he was sentenced to 10 years confinement, and actually served 18 months in prison.	Against 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	—	—
1.c	In December 1993 and May 1994, he was charged with assaulting the woman.	Against 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	—	—
1.d	In October 1994, Applicant was convicted of malicious wounding and sentenced to 10 years confinement.	Against 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	—	—
1.e	In March 1995, he was convicted for brandishing a weapon (a misdemeanor).	Against Applicant	Weapons Offense	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	In May 1995, he was convicted of driving while intoxicated (DWI).	Against 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	—	—
1.g	In March 2004, Applicant was convicted of assault and inflicting serious injury.	Against 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	—	—
1.h	specific text not stated in this decision	Unknown	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Between 1988 and 2004, Applicant was charged with or convicted of seven criminal offenses, most of them alcohol related.

Against 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

—

1.b

As a result of a 1994 conviction, he was sentenced to 10 years confinement, and actually served 18 months in prison.

Against 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

—

1.c

In December 1993 and May 1994, he was charged with assaulting the woman.

Against 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

—

1.d

In October 1994, Applicant was convicted of malicious wounding and sentenced to 10 years confinement.

Against 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

—

1.e

In March 1995, he was convicted for brandishing a weapon (a misdemeanor).

Against Applicant

Weapons Offense

Convicted

Admitted

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

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

—

1.f

In May 1995, he was convicted of driving while intoxicated (DWI).

Against 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

—

1.g

In March 2004, Applicant was convicted of assault and inflicting serious injury.

Against 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

—

1.h

specific text not stated in this decision

Unknown

Unspecified Criminal Conduct

—

Unknown

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES