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ISCR Case 20-00347 — CASE

Case record

ISCR Case 20-00347

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

Case Profile
Decision Date3/30/2021
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Related decisionsSee the hearing decision (Case 20-00347) →See the appeal decision (Case 20-00347.a1) →
Participants
Judge: Robert Robinson Gales
Government Counsel: Dan O'Reilley
Applicant's Counsel: Alan V. Edmunds
Case Summary
The applicant in this case was a 31-year-old employee of a defense contractor who sought a security clearance after previously holding one that had been suspended due to various legal issues. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct). The SOR detailed multiple incidents involving domestic disputes and criminal charges, including allegations of assault and child abuse stemming from a contentious relationship with the mother of one of his children.
During the proceedings, the applicant admitted to most of the allegations related to criminal and personal conduct but provided extensive comments to contextualize his actions. He explained that many of the incidents were linked to a custody dispute and that charges against him were often dismissed or placed on inactive status. The applicant also highlighted his efforts to comply with court orders and attend anger management classes as part of his mitigation.
The administrative judge ultimately ruled in favor of the applicant, granting him eligibility for a security clearance. The judge concluded that the applicant had successfully mitigated the security concerns by demonstrating a pattern of compliance with legal requirements and a commitment to improving his behavior, which indicated that granting the clearance was consistent with the national interest.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline JCriminal Conduct · For Applicant
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Case Headnote

ISCR Case No. 20-00347

grantedMar 30, 2021· Hon. Robert Robinson Gales· hearing

Summary

This case concerns a 31-year-old defense contractor and Navy Reserve veteran whose security clearance eligibility was granted despite concerns under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct). These concerns arose from multiple allegations related to a contentious relationship with the mother of his child, which led to several arrests.

However, all criminal charges against the applicant were ultimately dismissed or closed, indicating a lack of substantiated evidence. The applicant also took proactive steps to mitigate the situation, including obtaining protective orders and modifying custody exchange procedures.

Additionally, character references provided positive testimony regarding the applicant's reliability and character. These mitigating factors, combined with the dismissal of all charges, led to the decision to grant the applicant's security clearance eligibility.

Why the Applicant Prevailed

All criminal charges were dismissed or closed, indicating a lack of substantiated evidence against the applicant.
The applicant took proactive steps to mitigate his situation, including obtaining protective orders and modifying custody exchange procedures.
Character references highlighted the applicant's positive attributes and reliability, contrasting with the allegations against him.

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 to Support the Individual Committed the Offense
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 17(c)appliedBehavior Unlikely to Recur
AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to Exploitation

Key Rule Quoted

“Eligibility for access to classified information is granted.”

Procedural Posture

SOR issuedMay 12, 2020
Answer filed—
Hearing heldMar 15, 2021Hearing was postponed and rescheduled.
Decision dateMar 30, 2021

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Lack of Evidence and Dismissals
Successful Rehabilitation Efforts in Personal Conduct Cases
Impact of Character References on 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.

Full decision

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