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ISCR Case 18-00493 — CASE

Case record

ISCR Case 18-00493

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

Case Profile
Decision Date7/5/2019
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Noreen A. Lynch
Government Counsel: Alison P. O'Connell
Applicant's Counsel: Leon J. Schacter
Case Summary
The applicant in this case was a 42-year-old individual who sought a security clearance and faced allegations under the adjudicative guidelines for criminal conduct and personal conduct. The Statement of Reasons (SOR) issued by the Department of Defense (DOD) detailed multiple incidents of criminal behavior, including charges of assault and violations of protective orders, which raised concerns about his judgment and reliability.
During the proceedings, the applicant admitted to the allegations but provided context and mitigation for his past actions. He described the incidents as occurring during a younger, less mature period of his life and emphasized that he had taken steps toward rehabilitation, including completing anger management classes and maintaining a stable relationship. He also presented character references attesting to his integrity and reliability, including a letter from the mother of his child, who supported his application for a security clearance.
The administrative judge ruled in favor of the applicant, concluding that the mitigating factors outweighed the disqualifying conditions. The judge noted the significant time elapsed since the incidents, the applicant's successful military career, and his demonstrated commitment to personal growth and stability. Ultimately, the judge determined that the applicant's past behavior was unlikely to recur and did not cast doubt on his current reliability and trustworthiness, granting him continued eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline JCriminal Conduct · For Applicant
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Case Headnote

ISCR Case No. 18-00493

grantedJul 5, 2019· Hon. Noreen A. Lynch· hearing

Summary

A 42-year-old male applicant with a military background was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). These concerns stemmed from past incidents of domestic violence, specifically a 2002 charge involving his girlfriend and a 2003 charge for violating a protective order. These actions raised questions about his judgment, trustworthiness, and ability to comply with regulations.

However, the administrative judge found that the applicant had successfully mitigated these concerns. He demonstrated rehabilitation through the completion of anger management classes and the establishment of a stable relationship. Furthermore, he provided numerous character references that attested to his reliability and integrity.

Crucially, there had been no incidents of criminal behavior for nearly 11 years prior to the hearing. This sustained period of good conduct, combined with his proactive steps toward rehabilitation and strong character references, led the judge to conclude that he had demonstrated sufficient stability and good character. The security clearance was therefore granted.

Why the Applicant Prevailed

The applicant demonstrated successful rehabilitation through completion of anger management classes and a stable relationship.
He provided numerous character references attesting to his reliability and integrity.
There were no incidents of criminal behavior for almost 11 years prior to the hearing.

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(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“The administrative judge’s overarching adjudicative goal is a fair, impartial, and commonsense decision.”

Procedural Posture

SOR issuedMar 30, 2018
Answer filedMay 21, 2018
Hearing heldApr 10, 2019
Decision dateJul 5, 2019

Cite For

Successful Rehabilitation Under Guideline J
Mitigation of Personal Conduct Concerns Under Guideline E
Whole-person Concept in Security Clearance Evaluations

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's conduct raised questions about reliability and trustworthiness but ultimately concluded that the applicant mitigated these concerns. The applicant admitted to the allegations and demonstrated personal growth and maturity, leading to a favorable decision regarding his security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness, and ability to protect classified or sensitive information.	For Applicant	Questionable Judgment General	—	Admitted	—	(a) prompt, good-faith correction before being confronted (d) acknowledged the behavior; counseling/positive steps taken	Claimed Acknowledgment and Remorse Claimed Rehabilitation Evidence
2.b–2.d	3 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

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

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant had a history of criminal conduct, including charges of assault and violation of a protective order. However, the judge concluded that the applicant mitigated these concerns through credible testimony and evidence of personal growth, resulting in a granted security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged in 2002 involving an incident with his girlfriend and in 2003 with violation of a protective order.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Acknowledgment and Remorse Credited Rehabilitation Evidence
1.b–1.d	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

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

Full decision

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