ISCR Case 16-03771.h1

Case Headnote

ISCR Case No. 16-03771.h1

grantedAug 2, 2017· Hon. Braden M. Murphy· hearing

Summary

A 29-year-old applicant with an information technology and military background was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons detailed several past issues. In November 2011, the applicant was arrested and charged with brandishing a firearm, a misdemeanor, to which he pleaded guilty. He received a 60-day suspended jail sentence, two years of unsupervised probation, and a $100 fine.

Earlier, in April and August 2007, the applicant received nonjudicial punishments (NJP) for disrespectful language and attitude toward a non-commissioned officer, resulting in forfeited pay, restriction, and extra duty. In December 2006, he received an NJP for similar disrespectful conduct, failure to obey a lawful order, and making a false official statement. This led to a rank reduction to private (E-1) and a forfeiture of $646 in pay for two months, though this punishment was suspended and later vacated.

The judge found that the applicant had demonstrated significant personal growth and rehabilitation. Key factors in the decision included the absence of any arrests or charges for almost six years since his last misdemeanor conviction, credible evidence of rehabilitation from supervisors and coworkers, and an emphasis on his improved maturity and judgment, indicating a low likelihood of repeating past mistakes.

Why the Applicant Prevailed

The applicant has not had any arrests or charges for almost six years since his last misdemeanor conviction.
He provided credible evidence of rehabilitation, including positive testimonials from supervisors and coworkers.
The applicant's maturity and improved judgment were emphasized, indicating he is unlikely to repeat past mistakes.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 16(c)raisedCredible Adverse Information in Several Areas
AG ¶ 16(d)raisedCredible Adverse Information Not Covered by Other Guidelines

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 17(c)appliedMinor Offense or Unique Circumstances
AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken

Key Rule Quoted

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

Procedural Posture

SOR issuedJan 18, 2017
Answer filedMar 13, 2017Initial answer on 02/14/2017 was incomplete.
Hearing heldAug 2, 2017
Decision dateSep 29, 2017

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Time Elapsed and Rehabilitation
Consideration of Personal Conduct in Light of Overall Maturity and Judgment
Whole-person Assessment in Security Clearance Determinations

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–2.d	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.d

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

For Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—
1.b	In November 2011, Applicant was arrested and charged with brandishing a firearm, a misdemeanor. He spent the night at the police station and his parents bailed him out the next day. He later pleaded guilty to the charge. He received a 60-day suspended jail sentence, two years of unsupervised probation, and he was fined $100. (SOR ¶¶ 1.b, 2.a)	For Applicant	Weapons Offense	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(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
1.c	In April 2007, and again in August 2007, Applicant received NJP for disrespectful language and attitude towards a non-commissioned officer. (UCMJ Article 91) (SOR ¶¶ 1.c, 1.d) He forfeited pay and was given restriction and extra duty.	For Applicant	Assault or Battery	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(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
1.d	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—
1.e	In December 2006, Applicant received NJP for disrespectful language and attitude towards a noncommissioned officer (NCO), failure to obey a lawful order, and making a false official statement (UCMJ Articles 91, 92 & 107). (SOR ¶ 1.e) His rank was reduced to private (E-1) and he forfeited $646 in pay for two months. His punishment was suspended for six months and later vacated.	For Applicant	Assault or Battery	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(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

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

1.b

In November 2011, Applicant was arrested and charged with brandishing a firearm, a misdemeanor. He spent the night at the police station and his parents bailed him out the next day. He later pleaded guilty to the charge. He received a 60-day suspended jail sentence, two years of unsupervised probation, and he was fined $100. (SOR ¶¶ 1.b, 2.a)

For Applicant

Weapons Offense

Convicted

Admitted

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

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

(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

1.c

In April 2007, and again in August 2007, Applicant received NJP for disrespectful language and attitude towards a non-commissioned officer. (UCMJ Article 91) (SOR ¶¶ 1.c, 1.d) He forfeited pay and was given restriction and extra duty.

For Applicant

Assault or Battery

Conduct No Charge

Admitted

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

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

(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

1.d

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

1.e

In December 2006, Applicant received NJP for disrespectful language and attitude towards a noncommissioned officer (NCO), failure to obey a lawful order, and making a false official statement (UCMJ Articles 91, 92 & 107). (SOR ¶ 1.e) His rank was reduced to private (E-1) and he forfeited $646 in pay for two months. His punishment was suspended for six months and later vacated.

For Applicant

Assault or Battery

Conduct No Charge

Admitted

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

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

(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

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Case Profile

Summary

Why the Applicant Prevailed

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

FOOTNOTES