ISCR Case 09-03251.h1

Case Headnote

ISCR Case No. 09-03251.h1

grantedNov 15, 2010· Hon. Wilford H. Ross· hearing

Summary

A 35-year-old divorced woman, employed by a defense contractor, was granted a security clearance despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant admitted to stealing approximately $8,000 in cash and merchandise from her former employer, AAFES, between January 2006 and September 2007. This criminal conduct was also cited under personal conduct concerns, along with an omission on her February 10, 2009, e-QIP regarding her employment at AAFES during the period of the theft. Financial concerns included an outstanding debt of over $6,000 to AAFES, though she had paid off $627.01 in federal back taxes by July 2009.

The judge found that the applicant successfully mitigated these security concerns. She demonstrated sincere remorse for her past criminal conduct and expressed a commitment to repay her debt to AAFES. The misconduct occurred over three years prior to the decision and was attributed to personal issues, making recurrence unlikely.

Furthermore, the applicant provided evidence of rehabilitation, including positive recommendations from her employers and pastor. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated sincere remorse for her past criminal conduct and expressed a commitment to repay her debt.
The applicant's misconduct occurred over three years ago and was linked to personal issues, making recurrence unlikely.
The applicant provided evidence of rehabilitation, including positive recommendations from employers and her pastor.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal Conduct - Serious Crime
AG ¶ 31(c)raisedCriminal Conduct - Admission of Criminal Conduct
AG ¶ 19(a)raisedFinancial Considerations - Inability to Satisfy Debts
AG ¶ 19(c)raisedFinancial Considerations - History of Not Meeting Financial Obligations

Mitigating

AG ¶ 32(a)appliedCriminal Conduct - Time Elapsed
AG ¶ 32(d)appliedCriminal Conduct - Evidence of Successful Rehabilitation
AG ¶ 17(c)appliedPersonal Conduct - Minor Offense or Time Passed
AG ¶ 17(d)appliedPersonal Conduct - Acknowledgment and Counseling
AG ¶ 20(a)appliedFinancial Considerations - Behavior Occurred Long Ago
AG ¶ 20(d)appliedFinancial Considerations - Good Faith Effort to Resolve Debt
AG ¶ 20(c)appliedFinancial Considerations - Problem Under Control

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedSep 4, 2009
Answer filedOct 5, 2009
Hearing heldJan 28, 2010
Decision dateNov 15, 2010

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Personal Circumstances
Successful Rehabilitation Evidenced by Community Support and Repayment Efforts
Consideration of Financial Difficulties in Light of Personal Challenges and Efforts to Resolve Debts

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	The facts set forth under Paragraph 1, above, will be considered under this Guideline as well.	For Applicant	Questionable Judgment General	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	—
2.b	Applicant filled out her Electronic Questionnaires for Investigations Processing (e-QIP) on February 10, 2009. Question 13a. of Government Exhibit 1 asks the Applicant to describe her employment activities going back seven years. She sets forth work for AAFES up to May 2005, and her full-time employer, who was not AAFES, from May 2005 to April 2008. She does not set forth her work at AAFES during the time she stole money.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Employment History	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The facts set forth under Paragraph 1, above, will be considered under this Guideline as well.

For Applicant

Questionable Judgment General

—

Admitted

—

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

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

—

2.b

Applicant filled out her Electronic Questionnaires for Investigations Processing (e-QIP) on February 10, 2009. Question 13a. of Government Exhibit 1 asks the Applicant to describe her employment activities going back seven years. She sets forth work for AAFES up to May 2005, and her full-time employer, who was not AAFES, from May 2005 to April 2008. She does not set forth her work at AAFES during the time she stole money.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Employment History

Denied

—

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

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant owes over $6,000 to AAFES. $6,779	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(d) good-faith effort to repay or otherwise resolve debts (c) received/receiving counseling; problem being resolved	Claimed Debt Paid in Full
3.b	Applicant paid off the $627.01 she owed in Federal back taxes in July 2009. $627	For Applicant	Tax Unpaid	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant owes over $6,000 to AAFES.

$6,779

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(d) good-faith effort to repay or otherwise resolve debts

(c) received/receiving counseling; problem being resolved

Claimed

Debt Paid in Full

3.b

Applicant paid off the $627.01 she owed in Federal back taxes in July 2009.

$627

For Applicant

Tax Unpaid

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Between January 2006 and September 2007 Applicant stole approximately $8,000 of cash and merchandise from her employer, the Army and Air Force Exchange Service (AAFES).	For Applicant	Theft or Larceny	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Between January 2006 and September 2007 Applicant stole approximately $8,000 of cash and merchandise from her employer, the Army and Air Force Exchange Service (AAFES).

For Applicant

Theft or Larceny

Conduct No Charge

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

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

—

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 CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES