ISCR Case 03-23344.h1

Case Headnote

ISCR Case No. 03-23344.h1

deniedApr 18, 2006· Hon. Michael H. Leonard· hearing

Summary

A 44-year-old HVAC control technician was denied a security clearance under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct) due to a history of criminal behavior, primarily involving domestic violence. The applicant had multiple arrests and charges related to incidents with his ex-wife, including simple assault, domestic assault and battery, and assault and battery on a family member. One charge for assault and battery on a family member resulted in a guilty plea, though adjudication was deferred, and the charge was dismissed after he completed an anger management course. Another charge for family abuse also appears to have been dismissed.

Additionally, in 2002, the applicant was charged with a Class I misdemeanor for using abusive language over the telephone with a former girlfriend, for which he was found guilty and ordered to pay a $500 penalty with $400 suspended. He also failed to disclose a 1996 domestic violence incident on his security clearance application. A separate citation for improper operation of a vessel, resulting in a $75 fine and $40 in costs, was noted but not established as criminal conduct.

Despite some mitigating factors, the judge determined that the applicant's pattern of behavior raised significant doubts about his judgment and trustworthiness. The evidence of rehabilitation was deemed insufficient to overcome the security concerns, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a history of criminal conduct involving multiple domestic violence incidents, which raised doubts about his judgment and reliability.
The applicant's pattern of behavior was deemed inconsistent with the strong character required for a security clearance.
The applicant's evidence of rehabilitation was insufficient to mitigate the security concerns.

Conditions Referenced

Disqualifying

E2.A10.1.2.1appliedCriminal Conduct

Mitigating

E2.A10.1.3.1appliedNot Recent Criminal Behavior
E2.A10.1.3.4appliedFactors Leading to Violation Not Likely to Recur
E2.A10.1.3.6appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedDec 10, 2004
Answer filedJan 8, 2005
Hearing heldOct 17, 2005Applicant appeared pro se.
Decision dateApr 18, 2006

Cite For

Denial Based on History of Domestic Violence Under Guideline J
Impact of Criminal Conduct on Security Clearance Eligibility
Mitigating Factors Considered in the Context of a Long History of Criminal Behavior

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 applicant failed to disclose a domestic violence incident from 1996 on his security clearance application.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The applicant failed to disclose a domestic violence incident from 1996 on his security clearance application.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested and charged with simple assault stemming from an incident with his wife. Although arrested, the charge against him was nolle prossed.	Against Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	Applicant was arrested and charged with domestic assault and battery stemming from an incident with his wife. Although arrested, the charged against him was dismissed.	Against Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	Applicant was arrested and charged with assault and battery on a family member stemming from an incident with his wife. Applicant appeared in court without counsel and he pleaded guilty to the charge. The court found sufficient facts to find him guilty, but deferred adjudication/disposition and placed him on a first-time offender program requiring him to attend an anger management course. Applicant complied, and the court dismissed the charge in December 1994.	Against Applicant	Domestic Violence	Diversion or Deferred	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	Applicant was arrested and charged with family abuse stemming from an incident with his wife. The record evidence is less than clear, but it appears this charge was dismissed.	Against Applicant	Domestic Violence	Dismissed or Nolle Prossed	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	In June 2002, Applicant was charged with a Class I misdemeanor for using obscene, vulgar, profane, or abusive language over the telephone. This charge stemmed from an incident with a former girlfriend. He appeared in court without counsel, and the court reduced the charge to the lesser offense of using abusive language to another and found him guilty. The court ordered him to pay a penalty of $500 with $400 suspended.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	—	—
1.f	Applicant was cited for the improper operation of a vessel and equipment. This matter stemmed from operating his boat in such a way as to cause a wake in a no-wake zone. He paid a fine of $75 and $40 in costs. The record evidence does not establish this incident was criminal in nature as opposed to a citation for violating an ordinance, statute, or some other rule or regulation.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested and charged with simple assault stemming from an incident with his wife. Although arrested, the charge against him was nolle prossed.

Against Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

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

—

1.b

Applicant was arrested and charged with domestic assault and battery stemming from an incident with his wife. Although arrested, the charged against him was dismissed.

Against Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

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

—

1.c

Applicant was arrested and charged with assault and battery on a family member stemming from an incident with his wife. Applicant appeared in court without counsel and he pleaded guilty to the charge. The court found sufficient facts to find him guilty, but deferred adjudication/disposition and placed him on a first-time offender program requiring him to attend an anger management course. Applicant complied, and the court dismissed the charge in December 1994.

Against Applicant

Domestic Violence

Diversion or Deferred

Admitted

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

—

1.d

Applicant was arrested and charged with family abuse stemming from an incident with his wife. The record evidence is less than clear, but it appears this charge was dismissed.

Against Applicant

Domestic Violence

Dismissed or Nolle Prossed

Unknown

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

—

1.e

In June 2002, Applicant was charged with a Class I misdemeanor for using obscene, vulgar, profane, or abusive language over the telephone. This charge stemmed from an incident with a former girlfriend. He appeared in court without counsel, and the court reduced the charge to the lesser offense of using abusive language to another and found him guilty. The court ordered him to pay a penalty of $500 with $400 suspended.

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

1.f

Applicant was cited for the improper operation of a vessel and equipment. This matter stemmed from operating his boat in such a way as to cause a wake in a no-wake zone. He paid a fine of $75 and $40 in costs. The record evidence does not establish this incident was criminal in nature as opposed to a citation for violating an ordinance, statute, or some other rule or regulation.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES