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A decided public DOHA case, shown for research, not advice or a prediction.

ISCR Case No. 23-00942

Denied

Decided Apr 4, 2024 · Administrative Judge Mark W. Harvey · Hearing

Case headnote

Summary

The applicant, a 32-year-old principal systems engineer, faced security concerns under Guideline E (personal conduct) and Guideline J (criminal conduct) due to multiple incidents of domestic violence against his spouse. Despite demonstrating some mitigating factors, including completion of a domestic violence program and compliance with probation, the judge found that the applicant's criminal conduct raised significant doubts about his judgment and trustworthiness, leading to a denial of his security clearance.

Why the applicant was denied

  • The applicant has a pattern of domestic violence incidents, including arrests and convictions.
  • The most recent incident involved choking his spouse, which raised serious concerns about his judgment and reliability.
  • Mitigating conditions were not fully established due to the applicant being on probation and the recency of the last incident.

Conditions referenced

Disqualifying

  • AG ¶ 31(a) Pattern of minor offensesapplied
  • AG ¶ 31(b) Evidence of criminal conductapplied
  • AG ¶ 31(c) Currently on parole or probationapplied

Mitigating

  • AG ¶ 32(d) Evidence of successful rehabilitationrejected

Key rule quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Directive, Enclosure 2, [App. A] ¶ 2(b)

Procedural posture

SOR issued
07/19/2023
Answer filed
Undated response to SOR provided.
Hearing held
12/15/2023
Decision date
04/04/2024

Cite for

  • Denial of Security Clearance Due to Domestic Violence Incidents
  • Impact of Criminal Conduct on Security Clearance Eligibility
  • Mitigating Conditions Not Established Due to Ongoing Probation

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

From the decision

Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.

Applicant Age
32
Bankruptcy
none

Allegations under Guideline E

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Allegations under Guideline J

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Appearances

For Applicant Conclusion In light of all of the circumstances presented by the record in this case, it is not clearly consistent with the interests of national security to grant Applicant eligibility for access to classified information. Eligibility for access to classified information is denied. Mark Harvey Administrative Judge 11