ISCR Case 14-00800.h1

Case Headnote

ISCR Case No. 14-00800.h1

deniedJan 30, 2015· Hon. Robert J. Tuider· hearing

Summary

A 43-year-old senior software engineer was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of domestic violence and a suicide attempt, which raised concerns about his reliability and trustworthiness.

Specific allegations included a December 1997 domestic violence arrest that was dismissed, a May 2011 conviction for driving an unsafe vehicle, and a December 2012 domestic violence arrest against a second individual, which resulted in a guilty plea to menacing and 12 months of probation. Additionally, a five-year restraining order was issued against him in February 2013. The applicant also admitted to using a spouse's prescription medication, Percocet, from August 2007 to January 2012, and attempting suicide by overdosing on prescription medication in December 2012.

Despite some mitigating factors, the judge determined that the serious nature of the applicant's conduct, including the ongoing restraining order, indicated persistent risks. These issues were deemed significant enough to raise doubts about his ability to safeguard classified information, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant's history of domestic violence and a suicide attempt raised serious concerns about his reliability and trustworthiness.
The applicant's five-year restraining order against him indicated ongoing risks to his suitability for a security clearance.
The applicant's conduct was deemed serious enough to warrant doubts about his ability to safeguard classified information.

Conditions Referenced

Disqualifying

AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas

Mitigating

AG ¶ 32(c)appliedEvidence That the Person Did Not Commit the Offense
AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened
AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior
AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent

Key Rule Quoted

“"The Government must establish, by substantial evidence, conditions in the personal or professional history of the applicant that may disqualify the applicant from being eligible for access to classified information."”
— Egan, 484 U.S. at 531

Procedural Posture

SOR issuedMay 13, 2014
Answer filedJul 2, 2014
Hearing heldNov 6, 2014
Decision dateJan 30, 2015

Cite For

Denial of Security Clearance Due to Domestic Violence History
Impact of Mental Health Issues on Security Clearance Eligibility
Consideration of Mitigating Factors in Criminal Conduct Cases

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 criminal conduct allegations, supra, were cross-alleged.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
2.b	That he used W2’s prescription medication, Percocet, from August 2007 to January 2012.	Against Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
2.c	In December 2012, he attempted to commit suicide by overdosing on prescription medication.	Against Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The criminal conduct allegations, supra, were cross-alleged.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

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

—

2.b

That he used W2’s prescription medication, Percocet, from August 2007 to January 2012.

Against Applicant

Questionable Judgment General

—

Admitted

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

—

2.c

In December 2012, he attempted to commit suicide by overdosing on prescription medication.

Against Applicant

Questionable Judgment General

—

Admitted

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	a December 1997 arrest for domestic violence against W1 that was later dismissed	For Applicant	Domestic Violence	Acquitted or Found Not Guilty	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(c) no reliable evidence the individual committed the offense	—
1.b	a May 2011 failure to control vehicle charge. Applicant was convicted of the amended charge of driving an unsafe vehicle	Withdrawn	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Denied	—	—	—
1.c	a December 2012 arrest for domestic violence against W2. Applicant pled guilty to the amended charge of menacing and was placed on 12 months probation	Against Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Rehabilitation Evidence
1.d	a February 2013 five-year restraining order was issued to W2 against him	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	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

a December 1997 arrest for domestic violence against W1 that was later dismissed

For Applicant

Domestic Violence

Acquitted or Found Not Guilty

Admitted

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

(c) currently on parole or probation

(c) no reliable evidence the individual committed the offense

—

1.b

a May 2011 failure to control vehicle charge. Applicant was convicted of the amended charge of driving an unsafe vehicle

Withdrawn

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Denied

—

1.c

a December 2012 arrest for domestic violence against W2. Applicant pled guilty to the amended charge of menacing and was placed on 12 months probation

Against Applicant

Domestic Violence

Convicted

Admitted

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

(c) currently on parole or probation

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

Documented

Rehabilitation Evidence

1.d

a February 2013 five-year restraining order was issued to W2 against him

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

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

FOOTNOTES