ISCR Case 04-12911.h1

Case Headnote

ISCR Case No. 04-12911.h1

deniedFeb 21, 2006· Hon. LeRoy F. Foreman· hearing

Summary

A 29-year-old communications technician and former U.S. Marine was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant's Statement of Reasons detailed a history of domestic violence, including a general court-martial conviction and administrative discharge from the Marine Corps. He was also found to have provided false or misleading information to security investigators, specifically denying he had threatened to kill his wife and claiming a domestic incident was a one-time occurrence.

Additionally, the applicant had several unresolved financial debts, including a delinquent home mortgage of approximately $72,443, a charge account debt of $2,506, a cell phone bill of $675, and a cable bill of $626. While some mitigating conditions were applied regarding personal conduct and financial issues, these were insufficient to overcome the more serious concerns.

The denial was primarily based on the applicant's criminal conduct, specifically his history of domestic violence and his dishonesty with investigators. The decision noted that he had not expressed genuine remorse for his violent behavior, often attributing blame to his spouse. Consequently, the applicant failed to mitigate the concerns related to criminal conduct, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a history of domestic violence resulting in a court-martial conviction and administrative discharge from the USMC.
He lied to a criminal investigator about threatening to kill his wife, which was a serious concern.
The applicant has not expressed genuine remorse for his violent behavior, often blaming his spouse instead.

Conditions Referenced

Disqualifying

J1raisedCriminal Conduct
J2raisedA Single Serious Crime or Multiple Lesser Offenses
E2raisedDishonesty or Lack of Candor

Mitigating

E2rejectedIsolated IncidentThe applicant was involved in multiple incidents of domestic violence.
F1appliedFinancial Issues
E3rejectedPrompt Good-faith Efforts to Correct FalsificationThe applicant's correction of his statement was prompted by confrontation with evidence.

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedAug 26, 2005
Answer filed—
Hearing heldJan 11, 2006
Decision dateFeb 21, 2006

Cite For

Denial Based on a History of Domestic Violence and Criminal Conduct Under Guideline J
Consideration of False Statements to Investigators as a Disqualifying Factor Under Guideline E
Mitigation of Financial Issues Under Guideline F Despite Unresolved Debts.

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	Applicant provided false or misleading information concerning relevant and material matters to an investigator or security official in connection with a personnel security or trustworthiness determination.	For Applicant	Lack of Candor in Interview	—	Denied	(c) credible adverse information across areas supporting a whole-person concern	—	—
2.b	Applicant told a security investigator the August 2001 incident was a one-time incident and he had never struck his wife on any other occasion.	For Applicant	Lack of Candor in Interview	—	Denied	(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

Applicant provided false or misleading information concerning relevant and material matters to an investigator or security official in connection with a personnel security or trustworthiness determination.

For Applicant

Lack of Candor in Interview

—

Denied

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

—

2.b

Applicant told a security investigator the August 2001 incident was a one-time incident and he had never struck his wife on any other occasion.

For Applicant

Lack of Candor in Interview

—

Denied

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	a delinquent home mortgage debt of about $72,443 $4,343	For Applicant	Mortgage or Home Loan Debt	Admitted	—	—	Documented Debt Paid in Full
3.b	a delinquent charge account debt of $2,506 $1,058	For Applicant	Unspecified Financial	Admitted	—	—	Documented Payment Plan with Creditor
3.c	a delinquent cell phone bill of $675	For Applicant	Unspecified Financial	Denied	—	—	—
3.d	a delinquent cable bill of $626 $0	For Applicant	Utility or Phone Debt	Admitted	—	—	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

a delinquent home mortgage debt of about $72,443

$4,343

For Applicant

Mortgage or Home Loan Debt

Admitted

—

Documented

Debt Paid in Full

3.b

a delinquent charge account debt of $2,506

$1,058

For Applicant

Unspecified Financial

Admitted

—

Documented

Payment Plan with Creditor

3.c

a delinquent cell phone bill of $675

For Applicant

Unspecified Financial

Denied

—

3.d

a delinquent cable bill of $626

For Applicant

Utility or Phone Debt

Admitted

—

Documented

Debt Paid in Full

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The applicant has a history of domestic violence that resulted in a general court-martial conviction and administrative discharge from the U.S. Marine Corps (USMC).	Against Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	The applicant lied to a criminal investigator on one occasion by denying he threatened to kill his wife.	Against Applicant	Fraud or Deception Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	The applicant admitted the assault in two sworn statements to criminal investigators in August 2000, but he did not mention his wife's insistence on sexual activity until he answered the SOR.	Against Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	The applicant was involved in multiple incidents of domestic violence during his marriage.	Against Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	The applicant's last documented incident of domestic violence was in August 2001, more than four years ago.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Documented Passage of Time

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The applicant has a history of domestic violence that resulted in a general court-martial conviction and administrative discharge from the U.S. Marine Corps (USMC).

Against Applicant

Domestic Violence

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

The applicant lied to a criminal investigator on one occasion by denying he threatened to kill his wife.

Against Applicant

Fraud or Deception Criminal

Convicted

Denied

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

The applicant admitted the assault in two sworn statements to criminal investigators in August 2000, but he did not mention his wife's insistence on sexual activity until he answered the SOR.

Against Applicant

Domestic Violence

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.d

The applicant was involved in multiple incidents of domestic violence during his marriage.

Against Applicant

Domestic Violence

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.e

The applicant's last documented incident of domestic violence was in August 2001, more than four years ago.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

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

Documented

Passage of Time

Loading case…

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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES