ISCR Case 12-05596.h1

Case Headnote

ISCR Case No. 12-05596.h1

grantedAug 8, 2014· Hon. Thomas M. Crean· hearing

Summary

A 45-year-old senior software engineer with a military background was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). These issues stemmed from a contentious divorce and related legal matters.

Specific allegations included multiple protective orders issued against him between 2011 and 2012, some for his wife and others for different individuals. He was arrested and found guilty of violating a protective order in June 2011, receiving a fine and a partially suspended 180-day incarceration. A Capias was issued for his failure to appear on this charge, which was later dismissed in February 2012 after his court appearance. Additionally, he was warned by his employer for failing to report an arrest for a protective order violation. Further allegations included falsifying material facts on a December 2011 security clearance application and two separate charges of assault on a family member in 2008 and 2009, though he was found not guilty of the 2009 charge and the 2008 charge was dismissed.

Despite admitting to some allegations, the judge found that the applicant had mitigated the concerns. He provided accurate information on his security clearance application regarding protective orders, and the issues were attributed to a contentious marriage unlikely to recur post-divorce. Positive testimonials from supervisors and colleagues also demonstrated his good character and reliability. Consequently, the applicant was granted eligibility for access to classified information.

Why the Applicant Prevailed

The applicant provided accurate information on his security clearance application regarding protective orders.
The protective orders and criminal conduct arose from a contentious marriage, which is unlikely to recur now that the applicant is divorced.
The applicant demonstrated good character and reliability through positive testimonials from supervisors and colleagues.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal Conduct
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
AG ¶ 15raisedPersonal Conduct

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(b)appliedCoercion or Pressure Into Committing the Act
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 15appliedPersonal Conduct

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 21, 2014
Answer filedApr 18, 2014
Hearing heldJun 18, 2014
Decision dateAug 8, 2014

Cite For

Mitigation of Criminal Conduct Under Unusual Circumstances
Accuracy of Information Provided on Security Clearance Applications
Consideration of Personal Conduct in the Context of Marital Discord

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	A protective order for his wife was issued on June 1, 2011, that was extended for two years on June 14, 2011, and extended again on March 5, 2012, until March 5, 2014.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
2.b	Protective orders for different individuals were issued against Applicant on August 31, 2012.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
2.c	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Denied	—	—	—
2.d	He was warned and reprimanded by his employer for failing to report an arrest for violation of a protective order.	For Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
2.e	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

A protective order for his wife was issued on June 1, 2011, that was extended for two years on June 14, 2011, and extended again on March 5, 2012, until March 5, 2014.

For Applicant

Questionable Judgment General

—

Admitted

—

2.b

Protective orders for different individuals were issued against Applicant on August 31, 2012.

For Applicant

Questionable Judgment General

—

Admitted

—

2.c

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Denied

—

2.d

He was warned and reprimanded by his employer for failing to report an arrest for violation of a protective order.

For Applicant

Rules Violation at Workplace

—

Admitted

—

2.e

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested and charged with violating a protective order on June 5, 2011. He was found guilty and sentenced to a fine and 180 days of incarceration, of which, 179 days were suspended until March 5, 2015.	For Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.b	A Capias was issued for his failure to appear on the charge of violating the protective order. The charge was dismissed in February 13, 2012, after he appeared in court.	For Applicant	Probation or Court Order Violation	Dismissed or Nolle Prossed	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.c	A criminal conduct security concern was alleged for violation of a federal criminal statute by falsification of material facts on his December 2011 security clearance application.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(c) currently on parole or probation	—	—
1.d	Criminal conduct security concerns were alleged for assault on a family member in December 2009. He was found not guilty of this offense.	For Applicant	Assault or Battery	Acquitted or Found Not Guilty	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.e	Criminal conduct security concerns were alleged for assault on a family member in October 2008. The charge was dismissed.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	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

Applicant was arrested and charged with violating a protective order on June 5, 2011. He was found guilty and sentenced to a fine and 180 days of incarceration, of which, 179 days were suspended until March 5, 2015.

For Applicant

Domestic Violence

Convicted

Admitted

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

(c) currently on parole or probation

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

(b) pressured/coerced and unlikely to recur absent that pressure

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

—

1.b

A Capias was issued for his failure to appear on the charge of violating the protective order. The charge was dismissed in February 13, 2012, after he appeared in court.

For Applicant

Probation or Court Order Violation

Dismissed or Nolle Prossed

Denied

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

(c) currently on parole or probation

—

1.c

A criminal conduct security concern was alleged for violation of a federal criminal statute by falsification of material facts on his December 2011 security clearance application.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

(c) currently on parole or probation

—

1.d

Criminal conduct security concerns were alleged for assault on a family member in December 2009. He was found not guilty of this offense.

For Applicant

Assault or Battery

Acquitted or Found Not Guilty

Admitted

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

(c) currently on parole or probation

—

1.e

Criminal conduct security concerns were alleged for assault on a family member in October 2008. The charge was dismissed.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

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 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