Summary
A 43-year-old defense contractor was granted a Secret-level security clearance despite concerns raised under Guideline J (Criminal Conduct) and Guideline I (Psychological Conditions). The Statement of Reasons detailed several allegations, including an accidental shooting of her husband for which she was not charged, and an arrest for inflicting injury on a minor, specifically her daughter, which was dismissed via an Affidavit of Non-Prosecution. Additionally, she was found in criminal contempt for failing to pay child support, though she has since paid the full arrearage and completed probation. Concerns were also raised regarding a potential emotional, mental, or personality disorder.
The judge determined that the applicant successfully mitigated the significance of her past criminal acts. The accidental shooting and the dismissed child injury charge were mitigated by the time elapsed and a lack of current evidence of wrongdoing, with insufficient evidence to prove the child injury occurred. Her child support contempt was mitigated by her full payment of arrears and subsequent timely payments, demonstrating rehabilitation.
Ultimately, the evidence did not support a finding of a current emotional, mental, or personality disorder that would disqualify her. The judge concluded that the applicant was not currently suffering from a disqualifying mental health condition, leading to the decision to grant the security clearance.
Why the Applicant Prevailed
- The Applicant's past criminal acts were mitigated by the time elapsed and lack of current evidence of wrongdoing.
- The charge of injury to a child was dismissed, and there was insufficient evidence to prove it occurred.
- The Applicant demonstrated successful rehabilitation by paying child support arrears and maintaining timely payments thereafter.
- The evidence did not support a finding of a current emotional, mental, or personality disorder that would disqualify her from holding a security clearance.
Conditions Referenced
- J1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- I1raisedAn Opinion by a Credentialed Mental Health Professional That the Individual Has a Condition or Treatment That May Indicate a Defect in Judgment, Reliability or Stability
- J4appliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur
- J6appliedThere Is Clear Evidence of Successful Rehabilitation
- I1appliedThere Is No Indication of a Current Problem
- I2appliedRecent Opinion by a Credentialed Mental Health Professional That an Individual's Previous Emotional, Mental, or Personality Disorder Is Cured, Under Control or in Remission, and Has a Low Probability of Recurrence or Exacerbation
Key Rule Quoted
“The eligibility guidelines established in the DoD Directive identify personal characteristics and conduct which are reasonably related to the ultimate question of whether it is "clearly consistent with the national interest" to grant an Applicant's request for access to classified information.”
Procedural Posture
- SOR issuedFeb 7, 2002
- Answer filedMar 13, 2002
- Hearing heldJun 12, 2002
- Decision dateDec 9, 2002
Cite For
- Mitigation of Criminal Conduct Under Guideline J
- Evaluation of Emotional and Mental Health Issues Under Guideline I
- Successful Rehabilitation as a Factor in Security Clearance Determinations