ISCR Case 02-04673.h1

Case Headnote

ISCR Case No. 02-04673.h1

grantedJun 18, 2004· Hon. Robert Robinson Gales· hearing

Summary

A 53-year-old defense contractor employee was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The financial issues stemmed from a tumultuous divorce, including a Chapter 7 bankruptcy filing in July 1995 with approximately $130,000 in liabilities. This was followed by a mortgage foreclosure in January 2000 for $62,895.87, due to missed payments since May 1999. Additionally, a 1999 Pontiac Grand Am, financed for over $21,000, was repossessed due to missed payments.

Criminal conduct allegations involved incidents with his estranged wife and her boyfriend in 1997. These included a June 1997 dispute where his wife alleged he grabbed her shoulder, and an August 1997 confrontation with her boyfriend. His ex-wife also filed a complaint alleging threats of physical harm in violation of a restraining order.

The judge ultimately granted the clearance, finding the applicant rehabilitated and the issues resolved. This decision was supported by a court-mandated mental health evaluation, the court withholding adjudication of guilt on the assault charge, and his ex-wife's acknowledgment that he had not exhibited abusive behavior during their 24-year marriage.

Why the Applicant Prevailed

The applicant was considered fully rehabilitated after undergoing a court-mandated mental health evaluation.
The court withheld adjudication of guilt on the assault charge, indicating a lack of serious criminal conduct.
The applicant's ex-wife acknowledged that he had never demonstrated abusive behavior during their 24-year marriage.

Conditions Referenced

Disqualifying

E2.A10.1.2.1raisedCriminal Conduct Disqualifying ConditionAllegations or admissions of criminal conduct, regardless of whether the person was formally charged.
E2.A10.1.2.2raisedCriminal Conduct Disqualifying ConditionA single serious crime or multiple lesser offenses.

Mitigating

E2.A10.1.3.1appliedCriminal Conduct Mitigating ConditionThe passage of time since the criminal conduct and evidence of rehabilitation.
E2.A10.1.3.2appliedCriminal Conduct Mitigating ConditionThe applicant has demonstrated a positive change in behavior and circumstances.

Key Rule Quoted

“A person should not be held forever accountable for misconduct from the past, without a clear indication of subsequent reform, remorse, or rehabilitation.”

Procedural Posture

SOR issuedMay 1, 2003
Answer filedJun 10, 2003Amended on December 5, 2003
Hearing heldMar 18, 2004
Decision dateJun 18, 2004

Cite For

Demonstration of Rehabilitation After Past Criminal Conduct Under Guideline J
Consideration of Emotional Turmoil as a Mitigating Factor in Security Clearance Cases
Impact of Financial Difficulties on Security Clearance Eligibility Under Guideline F

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant filed a joint voluntary petition under Chapter 7 bankruptcy on July 20, 1995, listing total liabilities of approximately $130,000.00. $130,000	For Applicant	Bankruptcy Filing	Admitted	—	—	—
3.b	In September 1999, the mortgage holder on Applicant's residence filed an action seeking to foreclose the mortgage due to failure to make required payments since May 1999, resulting in a foreclosure granted on January 19, 2000, for $62,895.87. $62,895	For Applicant	Mortgage or Home Loan Debt	Admitted	—	—	—
3.c	In January 1999, Applicant purchased a new 1999 Pontiac Grand Am for approximately $26,000.00, financing over $21,000.00, and the vehicle was repossessed due to missed payments. $21,000	For Applicant	Auto Loan Debt	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant filed a joint voluntary petition under Chapter 7 bankruptcy on July 20, 1995, listing total liabilities of approximately $130,000.00.

$130,000

For Applicant

Bankruptcy Filing

Admitted

—

3.b

In September 1999, the mortgage holder on Applicant's residence filed an action seeking to foreclose the mortgage due to failure to make required payments since May 1999, resulting in a foreclosure granted on January 19, 2000, for $62,895.87.

$62,895

For Applicant

Mortgage or Home Loan Debt

Admitted

—

3.c

In January 1999, Applicant purchased a new 1999 Pontiac Grand Am for approximately $26,000.00, financing over $21,000.00, and the vehicle was repossessed due to missed payments.

$21,000

For Applicant

Auto Loan Debt

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was involved in some incidents with his estranged wife and/or her boyfriend.	For Applicant	Domestic Violence	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.b	On June 24, 1997, Applicant and his wife were involved in a dispute in her home in which she initially alleged he had grabbed her shoulder with his hands against her will.	For Applicant	Domestic Violence	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.c	On August 25, 1997, Applicant's wife's boyfriend was jogging on the sidewalk when Applicant and his daughter drove by. A confrontation ensued.	For Applicant	Assault or Battery	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.d	As a result, his ex-wife filed another complaint against him alleging he had continued to threaten her with physical harm in violation of the existing restraining order.	For Applicant	Domestic Violence	Conduct No Charge	Denied	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was involved in some incidents with his estranged wife and/or her boyfriend.

For Applicant

Domestic Violence

Conduct No Charge

Admitted

—

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

—

1.b

On June 24, 1997, Applicant and his wife were involved in a dispute in her home in which she initially alleged he had grabbed her shoulder with his hands against her will.

For Applicant

Domestic Violence

Conduct No Charge

Admitted

—

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

—

1.c

On August 25, 1997, Applicant's wife's boyfriend was jogging on the sidewalk when Applicant and his daughter drove by. A confrontation ensued.

For Applicant

Assault or Battery

Convicted

Admitted

—

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

—

1.d

As a result, his ex-wife filed another complaint against him alleging he had continued to threaten her with physical harm in violation of the existing restraining order.

For Applicant

Domestic Violence

Conduct No Charge

Denied

—

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

—

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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

FOOTNOTES

CONCLUSION

FORMAL FINDINGS

DECISION