ISCR Case 19-01632

Case Headnote

ISCR Case No. 19-01632

deniedApr 27, 2021· Hon. LeRoy F. Foreman· hearing

Summary

A 40-year-old computer system analyst was denied a security clearance due to concerns under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct). The Statement of Reasons detailed numerous criminal incidents spanning from 1997 to 2017. These included charges for underage alcohol possession in 1999 and 2001, and trespassing in 2001.

More serious incidents involved a 1997 charge for 2nd and 3rd degree assault, and a 1999 felony criminal mischief and harassment charge from a park brawl. In 1999, he was also charged with 3rd degree criminal mischief for breaking car windows. Military police issued nonjudicial punishment for disorderly conduct in 2006, and in 2004, he faced battery and disorderly conduct charges from a bar fight, with the battery charge dismissed. Later, in 2014, he was arrested for assault by contact, with charges dismissed after probation. Recent incidents included a 2016 DUI charge and a 2017 domestic dispute where he pushed his wife and impeded her 911 call.

While some mitigating conditions were considered, the judge found insufficient evidence of rehabilitation and a lack of candor regarding his past behavior. The decision highlighted ongoing concerns about the applicant's judgment and reliability, ultimately leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to multiple instances of criminal conduct, including DUI and domestic violence.
The applicant did not demonstrate sufficient rehabilitation or candor regarding his past behavior.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)rejectedEvidence of Successful RehabilitationInsufficient time has passed to conclude that his criminal behavior will not recur.
AG ¶ 17(c)appliedMinor Offense or Unique Circumstances
AG ¶ 17(d)rejectedAcknowledgment and CounselingThe applicant did not fully disclose his criminal record during evaluation.
AG ¶ 17(e)rejectedSteps to Reduce VulnerabilityThe applicant did not demonstrate full candor regarding his behavior.

Key Rule Quoted

“"Once a concern arises regarding an applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance."”
— ISCR Case No. 09-01652 at 3 (App. Bd. Aug. 8, 2011)

Procedural Posture

SOR issuedNov 15, 2019
Answer filedFeb 4, 2020
Hearing heldMar 16, 2021
Decision dateApr 27, 2021

Cite For

Insufficient Candor Regarding Past Criminal Behavior Under Guideline E
Pattern of Criminal Conduct Affecting Judgment and Reliability Under Guideline J
Presumption Against Granting Security Clearance When Concerns Arise

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

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In June 2017, Applicant and his wife had an argument while at a party, during which he pushed her into an unlocked closet and impeded her from calling 911.	Against Applicant	Domestic Violence	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	In July 2016, Applicant was charged with driving under the influence (DUI) after being found slumped over in his car with a high blood-alcohol content.	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.c	In November 2014, Applicant was arrested for assault by contact after a confrontation with his daughter's mother, but the charges were dismissed after he completed probation.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	—	—	—
1.d	In June 2006, Applicant was involved in an incident with military police, leading to nonjudicial punishment for disorderly conduct.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
1.e	In September 2004, while on active duty, Applicant was charged with battery and disorderly conduct after a bar fight, but the battery charge was dismissed.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	—	—	—
1.f	In April 2001, Applicant was charged with trespassing on two occasions, for which he paid fines.	For Applicant	Trespassing or Burglary	Conduct No Charge	Admitted	—	—	—
1.g	In May 2001, Applicant was arrested for underage possession of alcohol and sentenced to community service.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
1.h	In December 1999, Applicant was charged with underage possession of alcohol and paid a fine.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
1.i	In July 1999, Applicant was involved in a brawl at a park, resulting in charges of felony criminal mischief and harassment.	For Applicant	Vandalism or Property Damage	Conduct No Charge	Admitted	—	—	—
1.j	In July 1997, Applicant was charged with 2nd degree assault and 3rd degree assault, but he could not recall the details.	For Applicant	Assault or Battery	Charged Not Convicted	Admitted	—	—	—
1.k	In April 1997, Applicant was charged with criminal mischief, but he could not recall the details.	For Applicant	Vandalism or Property Damage	Charged Not Convicted	Admitted	—	—	—
1.l	In October 1999, Applicant was charged with 3rd degree criminal mischief after breaking windows in a car during an argument.	For Applicant	Vandalism or Property Damage	Charged Not Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In June 2017, Applicant and his wife had an argument while at a party, during which he pushed her into an unlocked closet and impeded her from calling 911.

Against Applicant

Domestic Violence

Conduct No Charge

Admitted

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

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

—

1.b

In July 2016, Applicant was charged with driving under the influence (DUI) after being found slumped over in his car with a high blood-alcohol content.

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.c

In November 2014, Applicant was arrested for assault by contact after a confrontation with his daughter's mother, but the charges were dismissed after he completed probation.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

—

1.d

In June 2006, Applicant was involved in an incident with military police, leading to nonjudicial punishment for disorderly conduct.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

1.e

In September 2004, while on active duty, Applicant was charged with battery and disorderly conduct after a bar fight, but the battery charge was dismissed.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

—

1.f

In April 2001, Applicant was charged with trespassing on two occasions, for which he paid fines.

For Applicant

Trespassing or Burglary

Conduct No Charge

Admitted

—

1.g

In May 2001, Applicant was arrested for underage possession of alcohol and sentenced to community service.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

1.h

In December 1999, Applicant was charged with underage possession of alcohol and paid a fine.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

1.i

In July 1999, Applicant was involved in a brawl at a park, resulting in charges of felony criminal mischief and harassment.

For Applicant

Vandalism or Property Damage

Conduct No Charge

Admitted

—

1.j

In July 1997, Applicant was charged with 2nd degree assault and 3rd degree assault, but he could not recall the details.

For Applicant

Assault or Battery

Charged Not Convicted

Admitted

—

1.k

In April 1997, Applicant was charged with criminal mischief, but he could not recall the details.

For Applicant

Vandalism or Property Damage

Charged Not Convicted

Admitted

—

1.l

In October 1999, Applicant was charged with 3rd degree criminal mischief after breaking windows in a car during an argument.

For Applicant

Vandalism or Property Damage

Charged Not Convicted

Admitted

—

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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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION