ISCR Case 06-19914.h1

Case Headnote

ISCR Case No. 06-19914.h1

grantedApr 22, 2008· Hon. Mary E. Henry· hearing

Summary

A 41-year-old production manager for a Department of Defense contractor was granted a security clearance despite concerns under Guidelines E (Personal Conduct) and J (Criminal Conduct). The Statement of Reasons cited multiple instances of criminal conduct, including arrests in 1985 and 1987 for grand larceny and marijuana possession, which resulted in jail time. He was also arrested twice for assault and battery, specifically in 1997 and 2004, involving his now-estranged wife.

Additionally, the applicant omitted material facts from his SF-86, failing to list an August 2004 arrest for assault and battery when responding to questions about his police record. These issues raised disqualifying conditions under Guideline E, specifically AG ¶ 31(a).

However, the judge applied several mitigating conditions, including AG ¶ 32(a), AG ¶ 32(b), AG ¶ 32(d), and AG ¶ 17(e). The decision to grant the clearance was based on the applicant's demonstrated rehabilitation, evidenced by no arrests since 1989, stable employment, and positive performance evaluations. Crucially, his separation from his estranged wife significantly reduced the likelihood of future domestic incidents, leading the judge to conclude that the risk of future misconduct was low.

Why the Applicant Prevailed

The applicant has not been arrested for criminal conduct since his release from prison in 1989.
He has demonstrated successful rehabilitation through stable employment and positive performance evaluations.
The applicant's separation from his estranged wife reduced the likelihood of future domestic incidents.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal Conduct

Mitigating

AG ¶ 32(a)appliedCriminal Conduct MitigationSignificant time has elapsed since the criminal behavior, and it is unlikely to recur.
AG ¶ 32(b)appliedCriminal Conduct MitigationThe applicant was pressured into committing acts of domestic violence, and those pressures are no longer present.
AG ¶ 32(d)appliedCriminal Conduct MitigationEvidence of successful rehabilitation includes a good employment record and constructive community involvement.
AG ¶ 17(e)appliedPersonal Conduct MitigationThe applicant has taken positive steps to reduce vulnerability to exploitation by acknowledging his past arrests.

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 5, 2007
Answer filedJan 3, 2008
Hearing heldMar 6, 2008
Decision dateApr 22, 2008

Cite For

Mitigating Conditions for Criminal Conduct Under Guideline J
Successful Rehabilitation and Its Impact on Security Clearance Eligibility
Consideration of Personal Conduct in Relation to Domestic Issues 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.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	The applicant omitted material facts from his SF-86 when he answered 'yes' to Questions 21 and 26 about his police record.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—
2.b	The applicant failed to list his arrest for assault and battery in August 2004 in his answer to Question 26.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The applicant omitted material facts from his SF-86 when he answered 'yes' to Questions 21 and 26 about his police record.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

2.b

The applicant failed to list his arrest for assault and battery in August 2004 in his answer to Question 26.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The police arrested and charged Applicant in 1985 and 1987 for various types of criminal conduct, including with grand larceny and possession of marijuana, for which he served time in jail.	For Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(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 Passage of Time Credited Rehabilitation Evidence
1.b	The police also arrested him twice for assault and battery.	For Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(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 Passage of Time Credited Rehabilitation Evidence
1.c	In October 1997, he and his girlfriend, now estranged wife, argued, as they often did. He eventually pushed her and she called the police, who charged him with assault and battery.	For Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(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 Passage of Time Credited Rehabilitation Evidence
1.d	In 2004, Applicant and his wife got into yet another argument, which got out of control. When he came home from work, his wife started arguing with him and got into his face. He told her to move back, but she didn’t. The arguing continued and eventually, he shoved her, causing her to fall and hit her arm. The police arrested and charged him with assault and battery.	For Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(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 Passage of Time Credited Rehabilitation Evidence

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The police arrested and charged Applicant in 1985 and 1987 for various types of criminal conduct, including with grand larceny and possession of marijuana, for which he served time in jail.

For Applicant

Theft or Larceny

Convicted

Admitted

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

(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

Passage of Time

Credited

Rehabilitation Evidence

1.b

The police also arrested him twice for assault and battery.

For Applicant

Assault or Battery

Convicted

Admitted

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

(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

Passage of Time

Credited

Rehabilitation Evidence

1.c

In October 1997, he and his girlfriend, now estranged wife, argued, as they often did. He eventually pushed her and she called the police, who charged him with assault and battery.

For Applicant

Assault or Battery

Convicted

Admitted

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

(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

Passage of Time

Credited

Rehabilitation Evidence

1.d

In 2004, Applicant and his wife got into yet another argument, which got out of control. When he came home from work, his wife started arguing with him and got into his face. He told her to move back, but she didn’t. The arguing continued and eventually, he shoved her, causing her to fall and hit her arm. The police arrested and charged him with assault and battery.

For Applicant

Assault or Battery

Convicted

Admitted

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

(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

Passage of Time

Credited

Rehabilitation Evidence

Loading case…

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