ISCR Case 08-06209.h1

Case Headnote

ISCR Case No. 08-06209.h1

grantedDec 11, 2009· Hon. Robert J. Tuidar· hearing

Summary

A 48-year-old staff engineer sought a security clearance after his interim clearance was revoked due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons cited three arrests related to domestic disputes and an allegation that the applicant falsified his November 2006 e-QIP regarding his arrest record.

The first arrest involved an altercation with his intoxicated wife, resulting in charges of simple assault against both parties, which were dismissed. The second arrest, also following an altercation with his intoxicated wife, led to charges of simple assault, unlawful possession of a weapon, and threatening to kill. The applicant entered a pre-trial intervention program, underwent a domestic violence assessment, and the charge was dismissed in April 2004. The third arrest, again stemming from a dispute with his intoxicated wife, involved a simple assault charge. The applicant pleaded not guilty, enrolled in a domestic violence abuse counseling program, and the charge was dismissed.

The security clearance was GRANTED. The decision noted that all arrests were dismissed, meaning no criminal convictions occurred. Furthermore, the applicant's wife had maintained sobriety for approximately three years, addressing a key contributing factor to the incidents. The applicant also provided evidence of successful rehabilitation, including a favorable psychological evaluation and character references.

Why the Applicant Prevailed

The applicant's arrests were dismissed, indicating no criminal convictions.
The applicant's wife has maintained sobriety for approximately three years, addressing the underlying issues of alcohol abuse that contributed to the incidents.
The applicant provided evidence of successful rehabilitation, including a favorable psychological evaluation and character references.

Conditions Referenced

Disqualifying

J 31(a)raisedCriminal Conduct - Multiple Lesser Offenses
J 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct

Mitigating

J 32(a)appliedCriminal Conduct - Time Elapsed or Unusual Circumstances
J 32(d)appliedCriminal Conduct - Evidence of Successful Rehabilitation
E 2(a)appliedPersonal Conduct - the Behavior Was Not Recent or Occurred Under Unusual Circumstances
E 2(d)appliedPersonal Conduct - Evidence of Rehabilitation or Good Conduct

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the Applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”

Procedural Posture

SOR issuedMar 30, 2009
Answer filedApr 14, 2009
Hearing heldJun 4, 2009
Decision dateDec 11, 2009

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Rehabilitation
Impact of Domestic Circumstances on Criminal Behavior
Consideration of Personal Conduct in Light of Underlying Issues Such as Spousal Substance Abuse

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	Applicant deliberately falsified material facts pertaining to his arrest record when he completed his November 2006 e-QIP.	For Applicant	Falsification Security FormNOT DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	(f) information was unsubstantiated or from a questionable source	Claimed Corrected Falsification Promptly

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant deliberately falsified material facts pertaining to his arrest record when he completed his November 2006 e-QIP.

For Applicant

Falsification Security FormNOT DELIBERATE

Criminal Conduct

Denied

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

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

(f) information was unsubstantiated or from a questionable source

Claimed

Corrected Falsification Promptly

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested and charged with simple assault. Applicant arrived home and discovered his wife was intoxicated. An altercation ensued, which lead to the arrest of both Applicant and his wife. The charges against Applicant were dismissed. Tr. 41-42, 49-68, GE 2, GE 3, GE 4, AE T. (SOR ¶ 1.a)	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Denied	—	—	—
1.b	Applicant was arrested and charged with (1) simple assault, (2) unlawful possession of a weapon, and (3) threaten to kill. Applicant arrived home and discovered his wife was intoxicated. An altercation ensued, which lead to the arrest of Applicant. The Applicant entered a pre-trial intervention program and was ordered to undergo a domestic violence assessment evaluation. The charge was subsequently dismissed in April 2004. Tr. 42-43, 68-80, GE 2, GE 4. (SOR ¶ 1.b)	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Denied	—	—	—
1.c	Applicant was arrested and charged with simple assault. Applicant arrived home and discovered his wife was intoxicated. A dispute ensued spanning a several day period ending in an altercation and Applicant’s arrest. Applicant pleaded not guilty and enrolled in a domestic violence abuse counseling program. He submitted an October 2007 letter from his case manager advising that he completed treatment and was no longer being monitored. The charge was dismissed. Tr. 43, Tr. 80-93, GE 2, GE 4, AE J. (SOR ¶ 1.c)	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested and charged with simple assault. Applicant arrived home and discovered his wife was intoxicated. An altercation ensued, which lead to the arrest of both Applicant and his wife. The charges against Applicant were dismissed. Tr. 41-42, 49-68, GE 2, GE 3, GE 4, AE T. (SOR ¶ 1.a)

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Denied

—

1.b

Applicant was arrested and charged with (1) simple assault, (2) unlawful possession of a weapon, and (3) threaten to kill. Applicant arrived home and discovered his wife was intoxicated. An altercation ensued, which lead to the arrest of Applicant. The Applicant entered a pre-trial intervention program and was ordered to undergo a domestic violence assessment evaluation. The charge was subsequently dismissed in April 2004. Tr. 42-43, 68-80, GE 2, GE 4. (SOR ¶ 1.b)

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Denied

—

1.c

Applicant was arrested and charged with simple assault. Applicant arrived home and discovered his wife was intoxicated. A dispute ensued spanning a several day period ending in an altercation and Applicant’s arrest. Applicant pleaded not guilty and enrolled in a domestic violence abuse counseling program. He submitted an October 2007 letter from his case manager advising that he completed treatment and was no longer being monitored. The charge was dismissed. Tr. 43, Tr. 80-93, GE 2, GE 4, AE J. (SOR ¶ 1.c)

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Denied

—

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES