ISCR Case 23-02715

Case Headnote

ISCR Case No. 23-02715

deniedJan 29, 2025· Hon. Benjamin R. Dorsey· hearing

Summary

A 32-year-old defense contractor was denied a security clearance due to significant concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had a substantial criminal history, with seven charges between 2012 and March 2023. These included two assault charges, three domestic violence charges, a disturbing the peace/criminal trespass/public drunkenness charge, and a drug possession charge. Several of these incidents, particularly in 2022 and March 2023, involved violence against women, alcohol, and property damage.

The applicant was convicted of an April 2022 assault and May and March 2022 domestic violence charges, receiving sentences that included suspended jail time, supervised probation, community service, and fees. He was also convicted of March 2023 domestic violence charges and was still on probation for that crime at the time of the hearing. Additionally, a protective order was issued against him in April 2020 after a physical confrontation with his father. During his military service, he received nonjudicial punishment four times between 2016 and 2019 for various UCMJ violations, often involving intoxication.

While the applicant acknowledged his past behavior, underwent mental health treatment, and abstained from alcohol for about two years, the judge found insufficient evidence of successful rehabilitation. His failure to accurately report criminal history on federal employment and security clearance applications, which he attributed to rushing and a desire to avoid extra paperwork, further contributed to the denial. The judge concluded that the overall pattern of criminality raised doubts about his reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a significant history of criminal offenses, including multiple assaults and domestic violence charges.
The judge found insufficient evidence of successful rehabilitation or that criminal behavior is unlikely to recur, as the applicant was still on probation for a violent crime.

Conditions Referenced

Disqualifying

AG ¶ 30raisedCriminal Conduct
AG ¶ 31(b)appliedEvidence of Criminal Conduct

Mitigating

AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe judge found insufficient evidence of successful rehabilitation given the applicant's ongoing probation and recent criminal behavior.
AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe judge determined that the applicant's criminal behavior was recent and consistent, undermining claims of rehabilitation.
AG ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct OmissionsThe applicant acknowledged his omissions during the security interview.
AG ¶ 17(d)appliedAcknowledgment of Behavior and CounselingThe applicant underwent mental health treatment and counseling, which the judge found relevant.

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedFeb 12, 2024
Answer filedFeb 24, 2024
Hearing heldDec 19, 2024
Decision dateJan 29, 2025

Cite For

Denial of Security Clearance Due to Significant Criminal History Under Guideline J
Mitigating Personal Conduct Concerns Under Guideline E
Consideration of Mental Health Treatment in the Context of Criminal Behavior

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant mitigated personal conduct security concerns by acknowledging his past behavior and undergoing mental health treatment.	For Applicant	Questionable Judgment General	—	Admitted	—	(a) prompt, good-faith correction before being confronted	Credited Acknowledgment and Remorse
2.b–2.e	4 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant mitigated personal conduct security concerns by acknowledging his past behavior and undergoing mental health treatment.

For Applicant

Questionable Judgment General

—

Admitted

—

(a) prompt, good-faith correction before being confronted

Credited

Acknowledgment and Remorse

2.b–2.e

4 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant has a significant history of criminal offenses, including multiple assault and domestic violence charges.	Against Applicant	Assault or Battery	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	Applicant has a significant history of criminal offenses. He was charged with crimes seven times between 2012 and March 2023. His criminal charges consist of a total of two assault charges in 2012 and April 2022; three domestic violence charges in March 2023, May 2022, and March 2022; a disturbing the peace, criminal trespass, and public drunkenness charge in March 2019; and a drug possession charge in 2014. His March 2023 and all his 2022 criminal charges involved violence against women. Many of his crimes involved alcohol and property damage.	Against Applicant	Assault or Battery	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	In September 2023 and in mid-2022, a court of competent jurisdiction convicted Applicant of the April 2022 assault charge and the May 2022 and March 2022 domestic violence charges, respectively. For the April 2022 assault charge, the court sentenced him to 90 days of suspended jail time, six-months of supervised probation, 32 hours of community service, and to pay fees and court costs. For the May 2022 domestic violence charge, the court sentenced him to 12 months of supervised probation, 50 hours of community service, and to pay fees and court costs. For the March 2022 domestic violence charge, the court sentenced him to 12 months of supervised probation, 32 hours of community service, and to pay fees and court costs. His periods of probation for the 2022 crimes ended in March 2024. Sometime in July 2024, he was convicted of the domestic violence charges that were filed in March 2023. He was sentenced to three years of probation, but claimed, without documentary corroboration, that period of probation had been reduced, and it will end in January 2025. As of the date of the hearing, he was still on probation for that crime.	Against Applicant	Domestic Violence	Convicted	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	In April 2020, after a physical confrontation with his father a month earlier, Applicant had a protective order entered against him that required him to have no contact with his father and to not possess a firearm until June 2021. In its order, the court of relevant jurisdiction found that, by a preponderance of evidence, Applicant punched his father, hit him with a video gaming console, and threatened to kill him.	Against Applicant	Domestic Violence	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	During his military service, Applicant received nonjudicial punishment (NJP) for violating the Uniform Code of Military Justice (UCMJ) on multiple occasions. He received NJP four times between December 2016 and October 2019 for the following violations: absence without leave, failure to obey an order or regulation, and indecent language (October 2019); communicating threats and provoking speeches or gestures (June 2019); drunken/reckless operation of vehicle, aircraft or vessel (June 2017); and disorderly conduct and drunkenness (December 2016). He was intoxicated when he engaged in the conduct that resulted in his NJPs.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.f	Applicant has suffered from mental health issues. While he has acknowledged and taken responsibility for his criminal actions, these mental health issues have contributed to his criminality. In 2019, he received inpatient treatment for a week at a mental-health treatment facility. After his March 2023 domestic violence arrest, he again received inpatient mental-health treatment for about a week. After his May 2023 inpatient treatment, he has consistently received mental health counseling from an authorized mental-health counselor. He also takes medications to relieve depression and anxiety and stabilize his mood. His mental-health treatment has helped him to stay in control of his emotions. He has also completed 35 sessions of court-ordered and 25 sessions of voluntary anger management courses. He also attended Alcoholics Anonymous meetings after receiving NJP for alcohol-related offenses. He has abstained from drinking alcohol for about two years. Within the last six months, he has been involved with his church. He also focuses more on his children.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(b) pressured/coerced and unlikely to recur absent that pressure	Documented Rehabilitation Evidence
1.g	On March 28, 2023, Applicant completed and certified a declaration for federal employment. Despite being required to do so, he failed to list his May 2022 and July 2022 convictions, and his March 2023 and May and March 2022 domestic abuse charges. In March 2023, he completed and certified a security clearance application (2023 SCA). Despite being required to do so, in the “Police Record” section of the 2023 SCA, he failed to list any of his required criminal charges or convictions.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.h	Applicant claimed that he failed to list the required information in the federal declaration and the 2023 SCA because he was rushing to finish the forms. He claimed he did not list these convictions because he thought it would require more effort to do so, especially given how many crimes he would have to list. He did not want to do the extra paperwork or take the necessary effort to accurately complete the forms. He thought the government would ultimately find out about his criminal activity on its own. He acknowledged that he was wrong and that he should have listed the required information. Several of these excuses show that his omissions were deliberate, regardless of his motivation.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.i	Applicant’s mother and father-in-law testified during his case in chief. They noted a marked improvement in his attitude and behavior within the last year, which they attribute to his mental-health treatment, abstaining from drugs and alcohol, and church involvement. They believe he is headed in the right direction and should be awarded a security clearance.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	(b) pressured/coerced and unlikely to recur absent that pressure	Documented Character Letters

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant has a significant history of criminal offenses, including multiple assault and domestic violence charges.

Against Applicant

Assault or Battery

Conduct No Charge

Unknown

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

—

1.b

Applicant has a significant history of criminal offenses. He was charged with crimes seven times between 2012 and March 2023. His criminal charges consist of a total of two assault charges in 2012 and April 2022; three domestic violence charges in March 2023, May 2022, and March 2022; a disturbing the peace, criminal trespass, and public drunkenness charge in March 2019; and a drug possession charge in 2014. His March 2023 and all his 2022 criminal charges involved violence against women. Many of his crimes involved alcohol and property damage.

Against Applicant

Assault or Battery

Conduct No Charge

Unknown

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

—

1.c

In September 2023 and in mid-2022, a court of competent jurisdiction convicted Applicant of the April 2022 assault charge and the May 2022 and March 2022 domestic violence charges, respectively. For the April 2022 assault charge, the court sentenced him to 90 days of suspended jail time, six-months of supervised probation, 32 hours of community service, and to pay fees and court costs. For the May 2022 domestic violence charge, the court sentenced him to 12 months of supervised probation, 50 hours of community service, and to pay fees and court costs. For the March 2022 domestic violence charge, the court sentenced him to 12 months of supervised probation, 32 hours of community service, and to pay fees and court costs. His periods of probation for the 2022 crimes ended in March 2024. Sometime in July 2024, he was convicted of the domestic violence charges that were filed in March 2023. He was sentenced to three years of probation, but claimed, without documentary corroboration, that period of probation had been reduced, and it will end in January 2025. As of the date of the hearing, he was still on probation for that crime.

Against Applicant

Domestic Violence

Convicted

Unknown

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

—

1.d

In April 2020, after a physical confrontation with his father a month earlier, Applicant had a protective order entered against him that required him to have no contact with his father and to not possess a firearm until June 2021. In its order, the court of relevant jurisdiction found that, by a preponderance of evidence, Applicant punched his father, hit him with a video gaming console, and threatened to kill him.

Against Applicant

Domestic Violence

Conduct No Charge

Unknown

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

—

1.e

During his military service, Applicant received nonjudicial punishment (NJP) for violating the Uniform Code of Military Justice (UCMJ) on multiple occasions. He received NJP four times between December 2016 and October 2019 for the following violations: absence without leave, failure to obey an order or regulation, and indecent language (October 2019); communicating threats and provoking speeches or gestures (June 2019); drunken/reckless operation of vehicle, aircraft or vessel (June 2017); and disorderly conduct and drunkenness (December 2016). He was intoxicated when he engaged in the conduct that resulted in his NJPs.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Unknown

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

—

1.f

Applicant has suffered from mental health issues. While he has acknowledged and taken responsibility for his criminal actions, these mental health issues have contributed to his criminality. In 2019, he received inpatient treatment for a week at a mental-health treatment facility. After his March 2023 domestic violence arrest, he again received inpatient mental-health treatment for about a week. After his May 2023 inpatient treatment, he has consistently received mental health counseling from an authorized mental-health counselor. He also takes medications to relieve depression and anxiety and stabilize his mood. His mental-health treatment has helped him to stay in control of his emotions. He has also completed 35 sessions of court-ordered and 25 sessions of voluntary anger management courses. He also attended Alcoholics Anonymous meetings after receiving NJP for alcohol-related offenses. He has abstained from drinking alcohol for about two years. Within the last six months, he has been involved with his church. He also focuses more on his children.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

(b) pressured/coerced and unlikely to recur absent that pressure

Documented

Rehabilitation Evidence

1.g

On March 28, 2023, Applicant completed and certified a declaration for federal employment. Despite being required to do so, he failed to list his May 2022 and July 2022 convictions, and his March 2023 and May and March 2022 domestic abuse charges. In March 2023, he completed and certified a security clearance application (2023 SCA). Despite being required to do so, in the “Police Record” section of the 2023 SCA, he failed to list any of his required criminal charges or convictions.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Unknown

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

—

1.h

Applicant claimed that he failed to list the required information in the federal declaration and the 2023 SCA because he was rushing to finish the forms. He claimed he did not list these convictions because he thought it would require more effort to do so, especially given how many crimes he would have to list. He did not want to do the extra paperwork or take the necessary effort to accurately complete the forms. He thought the government would ultimately find out about his criminal activity on its own. He acknowledged that he was wrong and that he should have listed the required information. Several of these excuses show that his omissions were deliberate, regardless of his motivation.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Admitted

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

—

1.i

Applicant’s mother and father-in-law testified during his case in chief. They noted a marked improvement in his attitude and behavior within the last year, which they attribute to his mental-health treatment, abstaining from drugs and alcohol, and church involvement. They believe he is headed in the right direction and should be awarded a security clearance.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

(b) pressured/coerced and unlikely to recur absent that pressure

Documented

Character Letters

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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