ISCR Case 15-04046.h1

Case Headnote

ISCR Case No. 15-04046.h1

grantedDec 7, 2016· Hon. Matthew E. Malone· hearing

Summary

A 30-year-old defense contractor and U.S. Marine Corps veteran was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant's history included multiple arrests between 2008 and 2012, as well as past financial issues.

Specific criminal conduct allegations included an April 2008 arrest for assault on a female, which was dismissed. In September 2010, he was arrested for assault and inflicting serious injury during a soccer game, later pleading guilty to simple assault, resulting in a fine and six months of probation. An April 2011 incident led to charges of leaving the scene of an accident and injury to real property after he hit a utility box and a parked car; he pleaded guilty to injury to real property. Finally, in July 2012, he was charged with having an open container of alcohol, which was resolved by a guilty plea to reckless driving.

The judge determined that the applicant's financial issues had been mitigated by the passage of time and changes in circumstances, with no new debts since 2014. Furthermore, the judge found that the criminal conduct was unlikely to recur, citing a significant passage of time without further incidents and improved personal and professional stability. Consequently, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a significant passage of time without recurrence of criminal conduct.
The applicant's financial problems were resolved or under control, with no new debts incurred since 2014.
The applicant's personal and professional circumstances improved, indicating stability and reliability.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct

Mitigating

AG ¶ 20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to Recur
AG ¶ 20(b)appliedConditions Resulting in Financial Problems Were Largely Beyond the Person's Control
AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior That It Is Unlikely to Recur
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedJan 29, 2016
Answer filedFeb 1, 2016
Hearing heldJun 27, 2016
Decision dateDec 7, 2016

Cite For

Mitigation of Financial Concerns Due to Time Elapsed and Changed Circumstances
Successful Rehabilitation From Past Criminal Conduct
Whole-person Assessment in 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.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a–1.n	14 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a–1.n

14 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
2.a	In April 2008, Applicant was arrested and charged with assault on a female. He and his wife were arguing loudly and the police were called. Applicant admitted he grabbed his wife and the police took him into custody. He was later released on his own recognizance, and the charge was later dismissed.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	—	—	—
2.b	In September 2010, Applicant became involved in an altercation while playing in a soccer game. The fight escalated beyond the usual pushing and shoving that often takes place in sporting contests and Applicant injured the other player. As alleged at SOR 2.d, Applicant was arrested and charged with assault and inflicting serious injury. He later pleaded guilty to simple assault, for which he was fined and placed on six months of probation.	For Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Rehabilitation Evidence
2.c	In April 2011, Applicant fell asleep at the wheel, his car jumped the curb and hit a utility box. He then swerved back and hit a parked car. He called the police but after 30 minutes he walked to his house nearby and waited for them there. As alleged in SOR 2.c, Applicant was charged with leaving the scene of an accident and injury to real property. In June 2011, he pleaded guilty to injury to real property.	For Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Rehabilitation Evidence
2.d	The allegations at SOR 2.a and 2.b address a single incident. In July 2012, Applicant and his wife went out with another couple to celebrate Applicant’s wife’s birthday. While driving home after dropping off the other couple at the end of the evening, Applicant and his wife were pulled over. Unbeknownst to Applicant, the other couple had left a cup with the remains of an alcoholic beverage in the car. Applicant was charged with having an open container of alcohol, but the charge was later resolved when he pleaded guilty to a lesser charge of reckless driving for not staying in his lane, the reason he was pulled over in the first place.	For Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Rehabilitation Evidence
2.e	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

In April 2008, Applicant was arrested and charged with assault on a female. He and his wife were arguing loudly and the police were called. Applicant admitted he grabbed his wife and the police took him into custody. He was later released on his own recognizance, and the charge was later dismissed.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

—

2.b

In September 2010, Applicant became involved in an altercation while playing in a soccer game. The fight escalated beyond the usual pushing and shoving that often takes place in sporting contests and Applicant injured the other player. As alleged at SOR 2.d, Applicant was arrested and charged with assault and inflicting serious injury. He later pleaded guilty to simple assault, for which he was fined and placed on six months of probation.

For Applicant

Assault or Battery

Convicted

Admitted

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

Rehabilitation Evidence

2.c

In April 2011, Applicant fell asleep at the wheel, his car jumped the curb and hit a utility box. He then swerved back and hit a parked car. He called the police but after 30 minutes he walked to his house nearby and waited for them there. As alleged in SOR 2.c, Applicant was charged with leaving the scene of an accident and injury to real property. In June 2011, he pleaded guilty to injury to real property.

For Applicant

Traffic Offense Pattern

Convicted

Admitted

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

Rehabilitation Evidence

2.d

The allegations at SOR 2.a and 2.b address a single incident. In July 2012, Applicant and his wife went out with another couple to celebrate Applicant’s wife’s birthday. While driving home after dropping off the other couple at the end of the evening, Applicant and his wife were pulled over. Unbeknownst to Applicant, the other couple had left a cup with the remains of an alcoholic beverage in the car. Applicant was charged with having an open container of alcohol, but the charge was later resolved when he pleaded guilty to a lesser charge of reckless driving for not staying in his lane, the reason he was pulled over in the first place.

For Applicant

Traffic Offense Pattern

Convicted

Admitted

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

Rehabilitation Evidence

2.e

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

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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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES