ISCR Case 05-12700.h1

Case Headnote

ISCR Case No. 05-12700.h1

grantedAug 18, 2006· Hon. Martin H. Mogul· hearing

Summary

A 26-year-old Aerospace Engineer was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). These concerns stemmed from two DUI convictions in 2002 and 2004.

The first incident, on July 23, 2002, resulted in charges of DUI and Negligent Driving. A bench warrant was issued in April 2003 for failure to appear, which the applicant testified was due to not receiving notice of a continued court date. He subsequently quashed the warrant and resolved the case, receiving a sentence of 365 days in jail (363 suspended), five years probation, and various fees. His license was suspended for 365 days. Following this, he attended 40 hours of alcohol education. The second arrest occurred on July 25, 2004, for DUI and driving with a blood alcohol level of .08% or higher. He was found guilty, received a suspended 180-day jail sentence, a $1,700 fine, a counseling order, public work service, five years probation, and a 70-day restricted driver's license. He also completed required Alcoholics Anonymous meetings.

The Administrative Judge granted the clearance based on the applicant's demonstrated rehabilitation and commitment to sobriety since July 2004. The applicant credibly testified to abstaining from alcohol since July 24, 2004, with an intent for permanent abstinence. This testimony, along with character references supporting his positive transformation, provided sufficient evidence of mitigating conditions.

Why the Applicant Prevailed

The applicant has not consumed alcohol since July 24, 2004, and intends to abstain permanently.
The applicant provided credible testimony regarding his rehabilitation and lifestyle changes.
Character references supported the applicant's positive transformation since achieving sobriety.

Conditions Referenced

Disqualifying

E2.A10.1.2.1raisedCriminal Conduct
E2.A10.1.2.2raisedSerious Crime or Multiple Lesser Offenses
E2.A7.1.2.1raisedAlcohol-related Incidents
E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol

Mitigating

E2.A10.1.3.6appliedSuccessful Rehabilitation
E2.A7.1.3.3appliedPositive Changes in Behavior

Key Rule Quoted

“Each adjudicative decision must also include an assessment of: (1) the nature, extent, and seriousness of the conduct; (2) the circumstances surrounding the conduct, and the extent of knowledgeable participation; (3) how recent and frequent the behavior was; (4) the individual's age and maturity at the time of the conduct; (5) the voluntariness of participation; (6) the presence or absence of rehabilitation and other pertinent behavioral changes; (7) the motivation for the conduct; (8) the potential for pressure, coercion, exploitation, or duress; and (9) the likelihood of continuation or recurrence.”

Procedural Posture

SOR issuedMar 10, 2006
Answer filedApr 24, 2006
Hearing heldJul 19, 2006
Decision dateAug 18, 2006

Cite For

Successful Rehabilitation Under Guideline J
Positive Lifestyle Changes Mitigating Alcohol Consumption Concerns
Credibility of Applicant's Testimony Regarding Sobriety and Future Intentions

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	That information as set forth in subparagraphs l.a. and l.b., above.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (e) failure to follow treatment advice once diagnosed	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
2.b	Applicant attended 40 hours at an alcohol education school in June through August, 2004, at the suggestion of an alcohol counselor, who reviewed his case as a result of his 2002 arrest.	For Applicant	Treatment Non Compliance	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

That information as set forth in subparagraphs l.a. and l.b., above.

For Applicant

DUI or DWI Alcohol

Admitted

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

(e) failure to follow treatment advice once diagnosed

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

—

2.b

Applicant attended 40 hours at an alcohol education school in June through August, 2004, at the suggestion of an alcohol counselor, who reviewed his case as a result of his 2002 arrest.

For Applicant

Treatment Non Compliance

Admitted

—

(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 arrested on July 23, 1991, and charged with DUI and Negligent Driving. On April 22, 2003, a bench warrant was issued for his failure to appear. Applicant testified that during the court process, the case had been continued, but he had never received notice of the continued date. He never knowingly failed to attend any court scheduled appearance. When he learned of the bench warrant, he returned to the court and quashed the warrant and set the case for trial (Tr at 21-22). Applicant was sentenced to 365 days in jail, of which 363 were suspended, five years probation. He was ordered to pay $1,560 in probation fees, a fine of $880, and $125 in court fees. His license was suspended for 365 days.	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	(c) no reliable evidence the individual committed the offense	—
1.b	Applicant was arrested on July 25, 2004, and charged with (1) Driving Under the Influence of Alcohol, and (2) Driving With Blood Alcohol Level of .08% or Higher. Applicant was found guilty and was sentenced to serve 180 days in jail, which was suspended. He was fined $1,700, ordered to participate in a counseling program, to serve two days of public work service, and he was placed on five years of probation. Finally, his driver's license was restricted for 70 days. Applicant was required to attend 30 Alcoholics Anonymous (AA) meetings as a result of his first arrest and three AA meetings because of his second arrest. He attended all the required meetings and approximately seven more (tr at 44-45).	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	(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 arrested on July 23, 1991, and charged with DUI and Negligent Driving. On April 22, 2003, a bench warrant was issued for his failure to appear. Applicant testified that during the court process, the case had been continued, but he had never received notice of the continued date. He never knowingly failed to attend any court scheduled appearance. When he learned of the bench warrant, he returned to the court and quashed the warrant and set the case for trial (Tr at 21-22). Applicant was sentenced to 365 days in jail, of which 363 were suspended, five years probation. He was ordered to pay $1,560 in probation fees, a fine of $880, and $125 in court fees. His license was suspended for 365 days.

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

(c) no reliable evidence the individual committed the offense

—

1.b

Applicant was arrested on July 25, 2004, and charged with (1) Driving Under the Influence of Alcohol, and (2) Driving With Blood Alcohol Level of .08% or Higher. Applicant was found guilty and was sentenced to serve 180 days in jail, which was suspended. He was fined $1,700, ordered to participate in a counseling program, to serve two days of public work service, and he was placed on five years of probation. Finally, his driver's license was restricted for 70 days. Applicant was required to attend 30 Alcoholics Anonymous (AA) meetings as a result of his first arrest and three AA meetings because of his second arrest. He attended all the required meetings and approximately seven more (tr at 44-45).

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

(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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES