CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 18-00430 — CASE

Case record

ISCR Case 18-00430

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date4/19/2019
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Robert J. Kilmartin
Government Counsel: Michelle P. Tilford
Applicant's Counsel: Shirin Asgari
Case Summary
The applicant in this case was a 35-year-old individual who submitted a security clearance application in April 2017. The Department of Defense Consolidated Adjudications Facility issued a Statement of Reasons (SOR) in August 2018, citing security concerns under Guideline E, personal conduct. The core allegations included incidents of domestic issues and violations of military conduct, specifically unauthorized leave and domestic disputes that led to a general discharge from the Navy.
During the proceedings, the applicant admitted to some allegations while denying others, particularly regarding domestic assault claims, which were later recanted by his wife. He provided extensive documentation, including character references and performance evaluations, to support his case. The applicant explained that his actions were influenced by significant stress related to his marriage and that he had taken responsibility for his mistakes, including accepting nonjudicial punishment for his military violations. He also highlighted the negative impact of his discharge on his benefits and career prospects.
The administrative judge ruled in favor of the applicant, granting his eligibility for access to classified information. The judge concluded that the applicant had mitigated the security concerns by demonstrating that his past conduct occurred under unique circumstances, was unlikely to recur, and that he had taken positive steps to address the issues that contributed to his behavior. The judge emphasized the importance of the whole-person concept in evaluating the applicant's reliability and trustworthiness.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. 18-00430

grantedApr 19, 2019· Hon. Robert J. Kilmartin· hearing

Summary

A 35-year-old former U.S. Navy member was granted a security clearance despite past personal conduct issues under Guideline E. The Statement of Reasons (SOR) detailed various Uniform Code of Military Justice (UCMJ) violations, some of which the applicant admitted. These issues also involved allegations that led to a restraining order, which was later rescinded, and all related charges from the county district attorney were dropped.

The applicant received a general discharge under honorable conditions, stemming from two events that occurred within a 30-day period. Disqualifying conditions under Guideline E, specifically AG ¶ 16(c) and AG ¶ 16(d), were raised due to these incidents.

However, the judge applied mitigating conditions AG ¶ 17(c) and AG ¶ 17(d), determining that the applicant's past conduct occurred under unique circumstances and was unlikely to recur. The applicant accepted responsibility for his actions, demonstrated positive behavioral changes, and provided substantial character references and evidence of good conduct following the incidents. Consequently, the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant's past conduct was under unique circumstances and unlikely to recur.
The applicant accepted responsibility for his actions and demonstrated positive behavioral changes.
The applicant provided substantial character references and evidence of good conduct post-incident.

Conditions Referenced

Disqualifying

AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(d)raisedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline

Mitigating

AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur
AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior

Key Rule Quoted

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

Procedural Posture

SOR issuedAug 10, 2018
Answer filedJul 13, 2018
Hearing heldMar 1, 2019
Decision dateApr 19, 2019

Cite For

Mitigation of Personal Conduct Issues Under Unique Circumstances
Consideration of Character References in Security Clearance Decisions
Whole-person Assessment in Adjudicative Processes

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant mitigated personal conduct concerns under Guideline E. The applicant admitted to some allegations but denied others, particularly regarding domestic assault, which was later recanted by the spouse. The judge concluded that the applicant's actions were not indicative of a pattern of dishonesty or misconduct that would disqualify him from holding a security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant was charged with various Uniform Code of Military Justice (UCMJ) violations as alleged in SOR ¶ 1.a.	For Applicant	Rules Violation at Workplace	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	—
1.b	Applicant admitted in part, and denied in part, the allegations in SOR ¶¶ 1.b, 1.c, and 1.d.	For Applicant	Unspecified Personal Conduct	—	Denied	—	—	—
1.c	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Denied	—	—	—
1.d	The county district attorney dropped all charges against Applicant and the restraining order was rescinded.	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
1.e	Applicant testified that he received a general discharge, under honorable conditions as alleged in SOR ¶ 1.e due to two events that occurred within 30 days of each other.	For Applicant	Unspecified Personal Conduct	—	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.