CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 19-02806 — CASE

Case record

ISCR Case 19-02806

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

Case Profile
Decision Date3/1/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Braden M. Murphy
Government Counsel: Daniel P. O'Reilley
Case Summary
The applicant in this case was a 32-year-old former Army specialist seeking a security clearance. The Defense Office of Hearings and Appeals (DOHA) addressed allegations under the guidelines for criminal conduct, financial considerations, and personal conduct. The Statement of Reasons (SOR) indicated concerns regarding an indictment for felony child abuse, unresolved financial debts, and a failure to disclose tax issues on his security clearance application.
The applicant admitted to some financial delinquencies but asserted that he was resolving these issues, including past-due taxes and child support. He denied any wrongdoing related to the child abuse allegations, maintaining that he did not cause his son's injuries. The applicant completed probation for a reduced misdemeanor charge and took steps to address his financial obligations, including entering a repayment plan with the IRS and filing overdue tax returns. He also participated in parenting classes and counseling.
The administrative judge ruled in favor of the applicant, concluding that the financial concerns were mitigated due to his efforts to resolve debts and stay current with tax filings. The judge found that the criminal conduct concerns were also mitigated, as the offense was isolated and dated. Additionally, the personal conduct allegations regarding the failure to disclose tax issues were not substantiated. Consequently, the applicant was granted eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline FFinancial Considerations · For Applicant
- Guideline JCriminal 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. 19-02806

grantedMar 1, 2023· Hon. Braden M. Murphy· hearing

Summary

A 32-year-old former Army specialist was granted a security clearance despite initial concerns under Guidelines J (Criminal Conduct), F (Financial Considerations), and E (Personal Conduct).

The applicant faced allegations related to a felony child abuse indictment, which was later reduced to a misdemeanor, and subsequently dismissed after successful completion of probation. This offense was deemed isolated and unlikely to recur. Financial concerns stemmed from delinquencies, past-due taxes, and unfiled tax returns. However, the applicant demonstrated that these issues were resolved or actively being addressed, including child support and tax debts.

Regarding personal conduct, allegations of deliberately failing to disclose tax issues on his security clearance application were not substantiated. The judge found that the applicant successfully mitigated financial concerns and that the personal conduct allegations were not established, ultimately granting the security clearance based on demonstrated rehabilitation and responsibility.

Why the Applicant Prevailed

The applicant completed probation successfully, and the felony charge was reduced to a misdemeanor and later dismissed.
Financial delinquencies were resolved or being addressed, including child support and tax debts.
The applicant's personal conduct allegations were not established as deliberate omissions.

Conditions Referenced

Disqualifying

AG ¶ 31(b)raisedCriminal Conduct
AG ¶ 19(a)raisedFinancial Considerations
AG ¶ 19(c)raisedFinancial Considerations
AG ¶ 19(f)raisedFinancial Considerations

Mitigating

AG ¶ 32(a)appliedCriminal Conduct
AG ¶ 32(d)appliedCriminal Conduct
AG ¶ 20(c)appliedFinancial Considerations
AG ¶ 20(d)appliedFinancial Considerations
AG ¶ 20(g)appliedFinancial Considerations

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 15, 2021
Answer filed—
Hearing heldNov 30, 2022
Decision dateMar 1, 2023

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Rehabilitation
Resolution of Financial Delinquencies Under Guideline F
Non-establishment of Personal Conduct Allegations Under Guideline E

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 did not deliberately fail to disclose tax issues on his security clearance application. The allegations regarding personal conduct were resolved in favor of the applicant, leading to the granting of his eligibility for access to classified information.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Personal conduct security concerns alleging deliberate failure to disclose tax issues on his security clearance application are not established.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Financial	Denied	—	—	—

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 F · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant had resolved or was in the process of resolving his financial delinquencies, including past-due taxes and unfiled tax returns. As a result, all allegations under Guideline F were ruled in favor of the applicant, leading to the granting of his security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	Financial considerations security concerns are mitigated. Applicant has resolved or is resolving his delinquencies, past-due taxes, and unfiled tax returns.	For Applicant	Unspecified Financial	Denied	—	—	—
2.b–2.g	6 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 F). 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 in favor of the applicant regarding the allegation of felony child abuse, which was reduced to a misdemeanor and subsequently dismissed after the applicant completed probation. The judge noted that the offense was isolated, dated, and unlikely to recur, leading to a granted decision for the applicant.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant’s indictment for felony child abuse was reduced to a misdemeanor. He completed his probation period, and the charge was then dismissed. The offense is isolated and dated, and not likely to recur.	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	—	—	—

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.