Summary
A 51-year-old information technology contractor with 28 years of experience and a history of holding a security clearance was granted a security clearance despite allegations under Guideline E (Personal Conduct). The allegations stemmed from two domestic violence incidents in 2003 and 2012, and concerns regarding his third wife's marijuana use between 2009 and 2012.
Specifically, in March 2003, his second wife filed a domestic violence injunction, which was dismissed the following month. In November 2012, he was arrested for felony aggravated assault and battery-domestic violence; the former charge was dropped, and the latter was dismissed due to the complaining party's non-cooperation. Additionally, his third wife used marijuana at times while they lived together, and they were attempting reconciliation as of February 2013.
The judge determined that the circumstances surrounding these incidents were no longer present and unlikely to recur. The applicant's long-standing work record and reputation supported his reliability and judgment. The domestic violence incidents did not establish a pattern of poor behavior and were not substantiated by criminal prosecution. Furthermore, the applicant completed a domestic battery intervention course, demonstrating proactive steps to address domestic issues.
Why the Applicant Prevailed
- The applicant demonstrated a long history of reliable work and held a security clearance without incident for 28 years.
- The judge found that the domestic violence incidents did not establish a pattern of poor behavior and were not substantiated by criminal prosecution.
- The applicant took proactive steps to address domestic issues, including completing a domestic battery intervention course.
Conditions Referenced
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 16(g)raisedAssociation with Persons Involved in Criminal Activity
- AG ¶ 17(f)appliedAssociation with Persons Involved in Criminal Activities Has Ceased
Key Rule Quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedAug 14, 2013
- Answer filednull
- Hearing heldNov 19, 2013
- Decision dateJan 17, 2014
Cite For
- Mitigation of Personal Conduct Issues Under Guideline E
- Consideration of the Whole-person Concept in Security Clearance Decisions
- Impact of Changed Circumstances on Security Clearance Eligibility