ISCR Case 11-00281.h1

Case Headnote

ISCR Case No. 11-00281.h1

deniedJul 1, 2011· Hon. LeRoy F. Foreman· hearing

Summary

A 30-year-old federal contractor and former Air Force member was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal behavior and misconduct that raised significant questions about her reliability and trustworthiness.

Specific allegations included a felony forgery charge in April 2009, which was ultimately dropped. She was convicted of violating a protective order in June 2008, resulting in a jail sentence, fine, and probation. Additionally, she was convicted of misdemeanor assault and battery in August 2007, receiving a suspended jail sentence, fine, and probation. Her employment history also showed an involuntary discharge from the Air Force in September 2008 for misconduct, a reprimand in November 2008 for illegal possession of a pellet gun and insubordination, and termination from a job in August 2009 for improper timecard use.

The judge determined that the applicant's pattern of criminal conduct, including assault and protective order violations, along with her insubordination and disrespect towards superiors, indicated poor judgment. Furthermore, the continued negative influence of a former cohabitant contributed to ongoing concerns about her trustworthiness, leading to the denial of her security clearance.

Why the Applicant Was Denied

The applicant had a history of criminal conduct, including assault and violations of protective orders.
The applicant's insubordination and disrespect towards superiors raised questions about her judgment and reliability.
The applicant's former cohabitant continued to influence her behavior negatively, contributing to ongoing concerns about her trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal Conduct
AG ¶ 31(c)raisedMultiple Offenses
AG ¶ 16(c)raisedCredible Adverse Information
AG ¶ 16(d)raisedPattern of Dishonesty or Rule Violations
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability

Mitigating

AG ¶ 32(c)appliedDid Not Commit the OffenseThe judge found the forgery charge to be unfounded.
AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's past conduct and ongoing influence from her former cohabitant did not demonstrate sufficient rehabilitation.
AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's history of insubordination and rule violations indicated a lack of rehabilitation.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960), as amended.

Procedural Posture

SOR issuedMay 25, 2011
Answer filedJun 13, 2011
Hearing heldSep 8, 2011
Decision date—

Cite For

Disqualifying Conditions Under Guideline J Due to Criminal Conduct
Disqualifying Conditions Under Guideline E Due to Personal Conduct
Impact of Ongoing Relationships 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	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	The SOR cross-alleges the Guideline J conduct in SOR ¶ 2.a.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
2.b	The SOR alleges that Applicant was fired in August 2009 for improper use of a timecard.	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	The SOR alleges that Applicant was involuntarily discharged from the U.S. Air Force in September 2008 for misconduct and given a general discharge under honorable conditions.	For Applicant	Unspecified Personal Conduct	—	Admitted	—	—	—
2.d	The SOR alleges that Applicant was reprimanded in November 2008 for illegally possessing a pellet gun and insubordination.	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The SOR cross-alleges the Guideline J conduct in SOR ¶ 2.a.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

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

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

—

2.b

The SOR alleges that Applicant was fired in August 2009 for improper use of a timecard.

Against Applicant

Rules Violation at Workplace

—

Admitted

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

—

2.c

The SOR alleges that Applicant was involuntarily discharged from the U.S. Air Force in September 2008 for misconduct and given a general discharge under honorable conditions.

For Applicant

Unspecified Personal Conduct

—

Admitted

—

2.d

The SOR alleges that Applicant was reprimanded in November 2008 for illegally possessing a pellet gun and insubordination.

Against Applicant

Rules Violation at Workplace

—

Admitted

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The SOR alleges that Applicant was charged with forgery, a felony, in April 2009, and the charge was disposed of by nolle prosequi.	For Applicant	Fraud or Deception Criminal	Dismissed or Nolle Prossed	Admitted	—	(c) no reliable evidence the individual committed the offense	—
1.b	The SOR alleges that she was charged with violating a protective order, a misdemeanor, in June 2008; was convicted; and was sentenced to 10 days in jail (with 9 days suspended), fined, and placed on unsupervised probation for 12 months.	Against Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.c	The SOR alleges that she was charged with felonious assault in August 2007; convicted of assault and battery, a misdemeanor; and sentenced to 12 months in jail (suspended), fined, and placed on unsupervised probation for two years.	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The SOR alleges that Applicant was charged with forgery, a felony, in April 2009, and the charge was disposed of by nolle prosequi.

For Applicant

Fraud or Deception Criminal

Dismissed or Nolle Prossed

Admitted

—

(c) no reliable evidence the individual committed the offense

—

1.b

The SOR alleges that she was charged with violating a protective order, a misdemeanor, in June 2008; was convicted; and was sentenced to 10 days in jail (with 9 days suspended), fined, and placed on unsupervised probation for 12 months.

Against Applicant

Domestic Violence

Convicted

Admitted

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

(c) currently on parole or probation

—

1.c

The SOR alleges that she was charged with felonious assault in August 2007; convicted of assault and battery, a misdemeanor; and sentenced to 12 months in jail (suspended), fined, and placed on unsupervised probation for two years.

Against Applicant

Assault or Battery

Convicted

Admitted

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

(c) currently on parole or probation

—

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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