ISCR Case 07-12008.h1

Case Headnote

ISCR Case No. 07-12008.h1

grantedDec 19, 2008· Hon. Thomas M. Crean· hearing

Summary

A 30-year-old server administrator for a defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had admitted to being charged with inappropriate sexual activity with younger siblings at age fifteen, resulting in placement in a youth offender program and counseling. Additionally, the applicant faced multiple criminal charges, including driving offenses and an arrest for assault and battery.

The Statement of Reasons also noted the applicant's denial of deliberately failing to list the sexual activity charge on Navy enlistment papers and an assault and battery arrest on an April 2007 security clearance application. Disqualifying conditions under Adjudicative Guidelines (AG) ¶ 16(a), AG ¶ 31(a), and AG ¶ 31(c) were raised.

However, the judge applied mitigating conditions under AG ¶ 17(c), AG ¶ 17(d), and AG ¶ 32(d). The applicant demonstrated significant rehabilitation, including ongoing counseling and stable employment, with no further inappropriate behavior over time. Credible explanations were provided for the omissions on security clearance applications, indicating no intent to deceive. Based on these factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated significant rehabilitation over the years since the incidents, including ongoing counseling and stable employment.
The applicant's past conduct was mitigated by the passage of time and the absence of further inappropriate behavior.
The applicant provided credible explanations for omissions on security clearance applications, indicating no intent to deceive.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct

Mitigating

AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur
AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior
AG ¶ 32(d)appliedThere Is Evidence of Successful Rehabilitation

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 28, 2008
Answer filedMay 30, 2008
Hearing heldNov 19, 2008
Decision dateDec 19, 2008

Cite For

Mitigation of Past Criminal Conduct Under Guideline J Due to Rehabilitation
Consideration of the Passage of Time in Assessing Personal Conduct Under Guideline E
The Importance of Credible Explanations for Omissions in Security Clearance Applications

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
1.a	Applicant admitted that he was charged with inappropriate sexual activity with his younger siblings when he was fifteen years old. He admitted he was placed in a youth offender program and received some counseling.	For Applicant	Questionable Judgment General	—	Admitted	(e) personal conduct or concealment creating vulnerability to exploitation	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	Claimed Acknowledgment and Remorse Claimed Rehabilitation Evidence
1.b	He also denied that he deliberately failed to list the charge on his enlistment papers for the Navy.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully (c) offense is minor, long ago, infrequent, or unique circumstances	Documented Voluntary Disclosure Before Confrontation Documented Explanation of Omission Credible
1.c	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
1.d	He also denied that he deliberately failed to list an arrest for assault and battery on his April 2007 security clearance application.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully (c) offense is minor, long ago, infrequent, or unique circumstances	Documented Voluntary Disclosure Before Confrontation Documented Explanation of Omission Credible

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant admitted that he was charged with inappropriate sexual activity with his younger siblings when he was fifteen years old. He admitted he was placed in a youth offender program and received some counseling.

For Applicant

Questionable Judgment General

—

Admitted

(e) personal conduct or concealment creating vulnerability to exploitation

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

Claimed

Acknowledgment and Remorse

Claimed

Rehabilitation Evidence

1.b

He also denied that he deliberately failed to list the charge on his enlistment papers for the Navy.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

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

(b) omission/refusal followed advice of counsel; later cooperated fully

(c) offense is minor, long ago, infrequent, or unique circumstances

Documented

Voluntary Disclosure Before Confrontation

Documented

Explanation of Omission Credible

1.c

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

1.d

He also denied that he deliberately failed to list an arrest for assault and battery on his April 2007 security clearance application.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

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

(b) omission/refusal followed advice of counsel; later cooperated fully

(c) offense is minor, long ago, infrequent, or unique circumstances

Documented

Voluntary Disclosure Before Confrontation

Documented

Explanation of Omission Credible

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a–2.j	10 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–2.j

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

For Applicant

—

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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