ISCR Case 05-02603.h1

Case Headnote

ISCR Case No. 05-02603.h1

grantedMay 31, 2006· Hon. Henry Lazzaro· hearing

Summary

A 44-year-old defense contractor and retired Army Master Sergeant was granted a security clearance despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The Statement of Reasons detailed several past issues, including a March 1993 assault charge against his wife that was dismissed, and a May 1987 incident where he either punched or shoved another soldier, resulting in an oral reprimand.

Further criminal conduct included a June 1999 battery charge, which the applicant testified was a false accusation, and two alcohol-related driving charges: a July 1993 DWI, which was dismissed after he completed an intervention program, and a December 1999 DUI. He pled guilty to the 1999 DUI in February 2000, receiving six months probation and a $350 fine, successfully completing probation in August 2000. Additionally, the applicant failed to disclose a 1999 battery charge on a security questionnaire.

Financial concerns involved at least two debts from the 1990s that became delinquent and were not resolved, including one from a vehicle repossession for which he cosigned. The judge found that the applicant had mitigated these concerns, noting that his last criminal conduct occurred over six years prior, he had established a stable and trustworthy reputation in his civilian employment, and he provided credible explanations for past financial issues, demonstrating successful rehabilitation.

Why the Applicant Prevailed

The applicant's last criminal conduct occurred over six years ago.
The applicant has established a stable and trustworthy reputation in his civilian employment.
The applicant provided credible explanations for past financial issues and demonstrated successful rehabilitation.

Conditions Referenced

Disqualifying

DC 1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
DC 1raisedA History of Not Meeting Financial Obligations
DC 3raisedInability or Unwillingness to Satisfy Debts

Mitigating

MC 1appliedThe Criminal Behavior Was Not Recent
MC 4appliedThe Factors Leading to the Violation Are Not Likely to Recur
MC 6appliedThere Is Clear Evidence of Successful Rehabilitation
MC 1appliedThe Behavior Was Not Recent

Key Rule Quoted

“The sole purpose of a security clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”

Procedural Posture

SOR issuedJul 27, 2005
Answer filedSep 12, 2005
Hearing heldMar 2, 2006
Decision dateMay 31, 2006

Cite For

Mitigation of Past Criminal Conduct Under Guideline J Due to Time Elapsed Since Last Offense
Successful Rehabilitation in the Context of Financial Issues Under Guideline F
Credibility of Applicant's Explanations for Past Conduct Under Guideline E

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 failed to disclose a battery charge in response to a question seeking information about any arrests that occurred in the preceding seven years.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	(a) prompt, good-faith correction before being confronted	Credited Explanation of Omission Credible
2.b	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant failed to disclose a battery charge in response to a question seeking information about any arrests that occurred in the preceding seven years.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

(a) prompt, good-faith correction before being confronted

Credited

Explanation of Omission Credible

2.b

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant allowed at least two debts, those listed in subparagraphs 3.a and 3.d, to become delinquent during the 1990s that he failed to resolve.	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur	—
3.b	The debt listed in subparagraph 3.b resulted from the repossession of Applicant's ex-wife's vehicle for which he had cosigned.	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur	—
3.c	Applicant denies knowing anything about the creditors listed in subparagraphs 3.c and 3.e.	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
3.d	Applicant admitted he owed the cellular phone debt listed in subparagraph 3.d.	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur	—
3.e	The account listed in subparagraph 3.e is listed as a collection account in Applicant's December 23, 2003 credit report.	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant allowed at least two debts, those listed in subparagraphs 3.a and 3.d, to become delinquent during the 1990s that he failed to resolve.

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

—

3.b

The debt listed in subparagraph 3.b resulted from the repossession of Applicant's ex-wife's vehicle for which he had cosigned.

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

—

3.c

Applicant denies knowing anything about the creditors listed in subparagraphs 3.c and 3.e.

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

3.d

Applicant admitted he owed the cellular phone debt listed in subparagraph 3.d.

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

—

3.e

The account listed in subparagraph 3.e is listed as a collection account in Applicant's December 23, 2003 credit report.

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged with an assault directed against his wife in March 1993. That charge was dismissed.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.b	Applicant either punched or shoved another soldier in May 1987. The incident was administratively disposed of by issuance of an oral reprimand to Applicant.	For Applicant	Assault or Battery	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.c	Applicant was charged with Battery with Physical Visible Harm in June 1999. The charging document alleges that Applicant grabbed a woman by the neck and dragged her across a driveway. Applicant testified the accusation was falsely made by an ex-paramour.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.d	Applicant was charged with Driving While Intoxicated (DWI) in July 1993, and Driving While Under the Influence of Alcohol (DUI) in December 1999. He was enrolled in an adult probation department pre trial intervention program, referred to an alcohol awareness program, and voluntarily attended a driver improvement program following the 1993 arrest. That charge was then dismissed in September 1994.	For Applicant	DUI or DWI Criminal	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.e	In February 2000, Applicant pled guilty to the 1999 charge and was sentenced to six months probation and fined $350.00. He again participated in an alcohol awareness program, including mandatory attendance at alcohol anonymous meeting for about two months. Applicant's probation was successfully terminated in August 2000.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(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 charged with an assault directed against his wife in March 1993. That charge was dismissed.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Denied

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

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

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

—

1.b

Applicant either punched or shoved another soldier in May 1987. The incident was administratively disposed of by issuance of an oral reprimand to Applicant.

For Applicant

Assault or Battery

Conduct No Charge

Denied

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

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

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

—

1.c

Applicant was charged with Battery with Physical Visible Harm in June 1999. The charging document alleges that Applicant grabbed a woman by the neck and dragged her across a driveway. Applicant testified the accusation was falsely made by an ex-paramour.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Denied

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

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

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

—

1.d

Applicant was charged with Driving While Intoxicated (DWI) in July 1993, and Driving While Under the Influence of Alcohol (DUI) in December 1999. He was enrolled in an adult probation department pre trial intervention program, referred to an alcohol awareness program, and voluntarily attended a driver improvement program following the 1993 arrest. That charge was then dismissed in September 1994.

For Applicant

DUI or DWI Criminal

Dismissed or Nolle Prossed

Admitted

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

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

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

—

1.e

In February 2000, Applicant pled guilty to the 1999 charge and was sentenced to six months probation and fined $350.00. He again participated in an alcohol awareness program, including mandatory attendance at alcohol anonymous meeting for about two months. Applicant's probation was successfully terminated in August 2000.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

(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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES