ISCR Case 14-06625.h1

Case Headnote

ISCR Case No. 14-06625.h1

grantedFeb 22, 2016· Hon. Robert J. Tuider· hearing

Summary

A 32-year-old systems engineer, holding a top secret security clearance since 2006, faced a DOHA security clearance review under Guideline E (Personal Conduct) due to a history of theft and dishonesty spanning 13 years. The allegations included stealing action figures in approximately 1996, falsely claiming non-receipt of paintball equipment for a refund, using a stolen credit card to withdraw cash and purchase merchandise, and using a lost ATM card to withdraw the maximum amount. Further allegations involved making online sports bets in 2006 and disputing a charge after losing, and in 2009, realizing he had not been charged for items placed at the bottom of his shopping cart.

The judge ultimately granted the security clearance. This decision was based on several mitigating factors. The applicant self-reported his past misconduct during a polygraph examination, demonstrating honesty and accountability. He also provided substantial evidence of rehabilitation, including a favorable psychological evaluation and strong character references.

Crucially, the judge noted that the applicant's misconduct occurred primarily during his youth, and he had not engaged in similar behavior for over six years. The applicant demonstrated significant personal growth and accepted responsibility for his actions, leading to the favorable outcome.

Why the Applicant Prevailed

The applicant self-reported his past misconduct during a polygraph examination, demonstrating honesty and accountability.
He presented substantial evidence of rehabilitation, including a favorable psychological evaluation and strong character references.
The applicant's misconduct occurred primarily during his youth, and he has not engaged in similar behavior for over six years.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior
AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines (AG).”

Procedural Posture

SOR issuedFeb 17, 2015
Answer filedMar 3, 2015
Hearing heldJul 8, 2015
Decision dateFeb 22, 2016

Cite For

Mitigation of Personal Conduct Issues Under Guideline E
Importance of Self-reporting in Security Clearance Cases
Evidence of Rehabilitation and Character References in Support of Clearance Applications

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
1.a	Applicant stole roughly five action figures valued at $10 to $15 from a hobby store in approximately 1996.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.b	Applicant lied to a delivery service claiming that he did not receive paintball equipment that he had in fact received, resulting in a refund of approximately $50 to $150.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.c	Applicant used a credit card that his older brother had stolen to withdraw money from an ATM and to purchase approximately $300 to $400 worth of merchandise.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.d	Applicant used an ATM card that someone accidentally left to withdraw the maximum amount of cash allowed, either $300 to $400, from that individual’s account.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.e	In 2006, Applicant made five or six online sports bets between $25 and $200 and disputed a charge with the credit card company after losing a bet at his brother’s urging.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.f	While shopping in 2009, Applicant placed items on the bottom of his shopping cart and realized the clerk had not charged him for the items after he left the store.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant stole roughly five action figures valued at $10 to $15 from a hobby store in approximately 1996.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

—

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

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

(e) positive steps to reduce vulnerability to exploitation

—

1.b

Applicant lied to a delivery service claiming that he did not receive paintball equipment that he had in fact received, resulting in a refund of approximately $50 to $150.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

—

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

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

(e) positive steps to reduce vulnerability to exploitation

—

1.c

Applicant used a credit card that his older brother had stolen to withdraw money from an ATM and to purchase approximately $300 to $400 worth of merchandise.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

—

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

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

(e) positive steps to reduce vulnerability to exploitation

—

1.d

Applicant used an ATM card that someone accidentally left to withdraw the maximum amount of cash allowed, either $300 to $400, from that individual’s account.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

—

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

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

(e) positive steps to reduce vulnerability to exploitation

—

1.e

In 2006, Applicant made five or six online sports bets between $25 and $200 and disputed a charge with the credit card company after losing a bet at his brother’s urging.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

—

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

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

(e) positive steps to reduce vulnerability to exploitation

—

1.f

While shopping in 2009, Applicant placed items on the bottom of his shopping cart and realized the clerk had not charged him for the items after he left the store.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

—

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

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

(e) positive steps to reduce vulnerability to exploitation

—

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