ISCR Case 07-16170.h1

Case Headnote

ISCR Case No. 07-16170.h1

deniedSep 12, 2008· Hon. Marc E. Curry· hearing

Summary

A 46-year-old married man with a military background was denied a security clearance under Guideline J (Criminal Conduct) due to a history of domestic disputes and other criminal offenses. The Statement of Reasons detailed several incidents, including an arrest for assault and battery where charges were later dropped, a 1986 DUI resulting in a fine, AA classes, and a year of alcohol monitoring, and a 1989 misdemeanor theft charge alongside a friend.

Further incidents included a 1995 arrest for assault and battery against his girlfriend, which was later nolle prossed. In 2003, he was charged with assault and battery against his wife after an argument, but was acquitted when she refused to testify. The most recent incident occurred in August 2006, when he was arrested and charged with assault in the second degree, disorderly conduct, and trespassing after a confrontation with his wife. He pleaded guilty to disorderly conduct and trespassing, served 18 months of probation, and the assault charge was dismissed.

Despite his military service and recent enrollment in anger management therapy, the judge found insufficient evidence of rehabilitation. The denial was based on a pattern of criminal conduct, the recency of the most recent offense, and minimal evidence regarding the current status of his marital relationship, raising ongoing concerns about his judgment and reliability.

Why the Applicant Was Denied

The applicant has a pattern of criminal conduct that raises questions about his security clearance-worthiness.
The most recent offense occurred shortly before the hearing, indicating ongoing issues with anger management.
Minimal evidence was provided regarding the current status of the applicant's marital relationship.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal Conduct
AG ¶ 31(d)rejectedEvidence of Successful RehabilitationAlthough the applicant enrolled in anger management therapy, it was too recent to demonstrate effective rehabilitation.

Mitigating

AG ¶ 31(d)appliedEvidence of Successful RehabilitationThe applicant's enrollment in anger management therapy was noted, but not sufficient to mitigate security concerns.

Key Rule Quoted

“Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness and by its very nature, . . . calls into question a person’s ability to abide by laws, rules, and regulations.”

Procedural Posture

SOR issuedApr 21, 2008
Answer filedMay 22, 2008
Hearing heldAug 18, 2008
Decision dateSep 12, 2008

Cite For

Pattern of Criminal Conduct Under Guideline J
Insufficient Evidence of Rehabilitation Despite Enrollment in Therapy
Impact of Domestic Disputes on Security Clearance Eligibility

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

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested and charged with assault and battery. His father later dropped the charges, and the case was dismissed.	Against Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	In 1986, Applicant was arrested and charged with driving while intoxicated (DUI). Later, the court fined him, and ordered him to attend Alcoholic’s Anonymous (AA) classes, and report to an alcohol monitor for a year.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	In January 1989, Applicant’s friend stole a video from a video store while they were leaving the store. The police stopped both of them, and charged them with misdemeanor theft.	Against Applicant	Theft or Larceny	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	One evening in May 1995, Applicant and his girlfriend got into an argument. He shoved her to the ground, and his stepdaughter called the police, who arrived, arrested him, and charged him with assault and battery. The charge was later nolle prossed.	Against Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	In February 2003, Applicant’s wife shoved him during a heated argument. He responded by shoving her, and she fell to the floor. Before hitting the floor, she hit her jaw on the dining room table. Applicant then drove her to the emergency room. While en route to the hospital, their argument resumed. Applicant then stopped the car, got out, and walked home. Before arriving home, the police stopped him, and charged him with assault and battery. He was later acquitted after his wife refused to testify against him.	Against Applicant	Assault or Battery	Acquitted or Found Not Guilty	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.f	In August 2006, Applicant was assigned to the night shift at his job. When he confronted his wife at a neighborhood bar, he grew loud and aggressive. Applicant was arrested and charged with assault in the second degree, disorderly conduct, and trespassing. As part of a plea bargain, Applicant pleaded guilty to the latter two charges, and the assault charge was stayed pending the service of 18 month probation. Applicant served probation without incident, and the assault charge was dismissed.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Rehabilitation Evidence

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested and charged with assault and battery. His father later dropped the charges, and the case was dismissed.

Against Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

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

—

1.b

In 1986, Applicant was arrested and charged with driving while intoxicated (DUI). Later, the court fined him, and ordered him to attend Alcoholic’s Anonymous (AA) classes, and report to an alcohol monitor for a year.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

1.c

In January 1989, Applicant’s friend stole a video from a video store while they were leaving the store. The police stopped both of them, and charged them with misdemeanor theft.

Against Applicant

Theft or Larceny

Conduct No Charge

Admitted

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

—

1.d

One evening in May 1995, Applicant and his girlfriend got into an argument. He shoved her to the ground, and his stepdaughter called the police, who arrived, arrested him, and charged him with assault and battery. The charge was later nolle prossed.

Against Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

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

—

1.e

In February 2003, Applicant’s wife shoved him during a heated argument. He responded by shoving her, and she fell to the floor. Before hitting the floor, she hit her jaw on the dining room table. Applicant then drove her to the emergency room. While en route to the hospital, their argument resumed. Applicant then stopped the car, got out, and walked home. Before arriving home, the police stopped him, and charged him with assault and battery. He was later acquitted after his wife refused to testify against him.

Against Applicant

Assault or Battery

Acquitted or Found Not Guilty

Admitted

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

—

1.f

In August 2006, Applicant was assigned to the night shift at his job. When he confronted his wife at a neighborhood bar, he grew loud and aggressive. Applicant was arrested and charged with assault in the second degree, disorderly conduct, and trespassing. As part of a plea bargain, Applicant pleaded guilty to the latter two charges, and the assault charge was stayed pending the service of 18 month probation. Applicant served probation without incident, and the assault charge was dismissed.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

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

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

Documented

Rehabilitation Evidence

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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