ISCR Case 18-00146

Case Headnote

ISCR Case No. 18-00146

grantedApr 5, 2019· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 39-year-old computer systems analyst and former Air Force staff sergeant was granted a security clearance despite concerns under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct). The Statement of Reasons cited multiple past arrests, all of which were dismissed. These included charges for simple assault, domestic assault (twice), and simple assault/robbery. Additionally, the applicant was charged with drug possession in two separate incidents, one of which was determined to involve a borrowed jacket, and the other where it was found he was not the person arrested.

Further concerns arose from the applicant's failure to disclose earlier incidents on his 2016 e-QIP, though no intent to mislead was found. The administrative judge determined that the applicant's conduct was not indicative of a lack of trustworthiness, noting that he had taken steps to mitigate past issues.

The decision to grant the clearance was based on several mitigating factors. All arrests were dismissed, meaning there were no convictions. Significant time had passed since the incidents, and the applicant demonstrated substantial personal growth, including completing an anger management course. These factors collectively led to the determination that the applicant was eligible for a security clearance.

Why the Applicant Prevailed

The applicant's multiple arrests were dismissed, indicating no convictions.
Significant time had elapsed since the incidents, reducing concerns about recurrence.
The applicant completed an anger management course and demonstrated personal growth.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(c)appliedNo Reliable Evidence of Offense
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 17(c)appliedBehavior Unlikely to Recur
AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability
AG ¶ 17(g)appliedUnwitting Association with Criminal Activities

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedApr 2, 2018
Answer filedJun 15, 2018Timely response requesting a hearing.
Hearing heldMar 27, 2019Hearing convened as scheduled.
Decision dateApr 5, 2019Decision issued.

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Dismissed Charges
Successful Rehabilitation and Personal Growth as Mitigating Factors
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	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant failed to disclose earlier incidents on his 2016 e-QIP, but there was no intent to mislead.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	—	—	—
2.b	Applicant's conduct was not indicative of a lack of trustworthiness, as he has taken steps to mitigate past issues.	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant failed to disclose earlier incidents on his 2016 e-QIP, but there was no intent to mislead.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

—

2.b

Applicant's conduct was not indicative of a lack of trustworthiness, as he has taken steps to mitigate past issues.

For Applicant

Unspecified Personal Conduct

—

Unknown

—

Claimed

Other

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested and charged with simple assault, a misdemeanor, but the matter was dismissed.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Unknown	(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	—
1.b	Applicant was arrested and charged with marijuana possession, but it was determined that he was not the person arrested.	For Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	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	—
1.c	Applicant and his ex-wife were charged with domestic assault, but the matter was ultimately dismissed.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Unknown	(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	—
1.d	Applicant was arrested for second degree domestic assault, but the matter was also dismissed.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Unknown	(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	—
1.e	Applicant was charged with possession of drugs found in a borrowed jacket, but the charge was ultimately dropped.	For Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	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	—
1.f	Applicant was arrested for simple assault/robbery, but the case was ultimately dismissed.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Unknown	(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	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested and charged with simple assault, a misdemeanor, but the matter was dismissed.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Unknown

(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

—

1.b

Applicant was arrested and charged with marijuana possession, but it was determined that he was not the person arrested.

For Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

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

—

1.c

Applicant and his ex-wife were charged with domestic assault, but the matter was ultimately dismissed.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Unknown

(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

—

1.d

Applicant was arrested for second degree domestic assault, but the matter was also dismissed.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Unknown

(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

—

1.e

Applicant was charged with possession of drugs found in a borrowed jacket, but the charge was ultimately dropped.

For Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

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

—

1.f

Applicant was arrested for simple assault/robbery, but the case was ultimately dismissed.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Unknown

(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

—

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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 CONCEPT

FORMAL FINDINGS

CONCLUSION