ISCR Case 08-07851.h1

Case Headnote

ISCR Case No. 08-07851.h1

grantedJul 1, 2008· Hon. Thomas M. Crean· hearing

Summary

A 43-year-old systems analyst with over five years of experience at a defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct). The Statement of Reasons detailed a history of non-judicial punishments under the UCMJ between 1986 and 1999 for disrespect, domestic violence, failure to report, and absence without authority.

Further allegations included arrests and citations for domestic battery in 2001, driving on a suspended license in 2002, trespassing and domestic violence in 2004, and additional traffic offenses, including fleeing an accident, in 2006. The applicant was also apprehended in 2007 for not carrying a driver's license. These issues raised disqualifying conditions related to a pattern of questionable judgment and criminal conduct.

However, the judge applied mitigating conditions, noting that the applicant's past offenses occurred over ten years prior and were unlikely to recur given his current maturity and circumstances. The applicant demonstrated successful rehabilitation through gainful employment and compliance with child support. Additionally, the domestic violence incidents were either unsubstantiated or occurred under unique circumstances not reflective of current behavior. Based on these factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant's past offenses occurred over ten years ago and are unlikely to recur due to his current maturity and circumstances.
The applicant demonstrated successful rehabilitation, including gainful employment and compliance with child support obligations.
The domestic violence incidents were either unsubstantiated or occurred under unique circumstances that do not reflect current behavior.

Conditions Referenced

Disqualifying

PC DC AG 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
PC DC AG 16(d)raisedCredible Adverse Information That May Not Be Sufficient by Itself for an Adverse Determination
PC DC AG 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation

Mitigating

PC MC AG 17(c)appliedThe Offense Is so Minor or Infrequent That It Is Unlikely to Recur
PC MC AG 17(d)appliedThe Individual Has Acknowledged the Behavior and Taken Positive Steps to Alleviate the Stressors
PC MC AG 17(e)appliedThe Individual Has Taken Positive Steps to Reduce Vulnerability to Exploitation

Key Rule Quoted

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

Procedural Posture

SOR issuedMay 21, 2009
Answer filedAug 10, 2009
Hearing heldOct 19, 2009Applicant waived the 15 days notice requirement.
Decision dateJan 27, 2010

Cite For

Mitigation of Personal Conduct Issues Under Guideline E
Consideration of the Whole Person Concept in Security Clearance Decisions
Impact of Time Elapsed on the Assessment of Past Conduct

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 received non-judicial punishment under the Uniform Code of Military Justice (UCMJ) for disrespect to a noncommissioned officer in 1986.	For Applicant	Rules Violation at Workplace	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.b	Applicant received a reprimand from his unit commander for domestic violence in 1990.	For Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.c	Applicant received non-judicial punishment in 1997, for failure to report to his duty station.	For Applicant	Rules Violation at Workplace	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.d	Applicant received non-judicial punishment for absence without authority in 1999.	For Applicant	Rules Violation at Workplace	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.e	Applicant admitted he was arrested and charged with domestic battery in August 2001.	For Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.f	Applicant admitted he was cited and fined for driving on a suspended license in 2002.	For Applicant	Rules Violation at Workplace	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.g	Applicant admitted he was arrested for trespassing and domestic violence in 2004.	For Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.h	Applicant was arrested for driving on a suspended license, fleeing the scene of an accident, and traffic violation on a military installation in 2006.	For Applicant	Rules Violation at Workplace	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.i	Applicant was apprehended in 2007, for failure to carry a driver's license with him.	For Applicant	Rules Violation at Workplace	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant received non-judicial punishment under the Uniform Code of Military Justice (UCMJ) for disrespect to a noncommissioned officer in 1986.

For Applicant

Rules Violation at Workplace

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

—

1.b

Applicant received a reprimand from his unit commander for domestic violence in 1990.

For Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

—

1.c

Applicant received non-judicial punishment in 1997, for failure to report to his duty station.

For Applicant

Rules Violation at Workplace

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

—

1.d

Applicant received non-judicial punishment for absence without authority in 1999.

For Applicant

Rules Violation at Workplace

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

—

1.e

Applicant admitted he was arrested and charged with domestic battery in August 2001.

For Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

—

1.f

Applicant admitted he was cited and fined for driving on a suspended license in 2002.

For Applicant

Rules Violation at Workplace

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

—

1.g

Applicant admitted he was arrested for trespassing and domestic violence in 2004.

For Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

—

1.h

Applicant was arrested for driving on a suspended license, fleeing the scene of an accident, and traffic violation on a military installation in 2006.

For Applicant

Rules Violation at Workplace

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

—

1.i

Applicant was apprehended in 2007, for failure to carry a driver's license with him.

For Applicant

Rules Violation at Workplace

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

—

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 ANALYSIS

FORMAL FINDINGS

CONCLUSION