Personnel Security (10 CFR Part 710)

On October 15, 2015, an OHA Administrative Judge issued a decision in which he concluded that an individual’s request for a security clearance should be granted. During the investigation of the individual’s eligibility for access authorization, the local security office (LSO) received police reports which indicated: (1) the individual had been arrest in 2011 for burglarizing an impound lot where his truck had been towed and removing his truck from the impound lot; (2) he acknowledged to police taking the truck from the impound lot; and (3) he had been identified in a photographic lineup as the person another police officer had directed to the impound lot when the person thought his truck had been stolen. During the security investigation, the individual denied that he had been involved in the burglary or had acknowledged committing the crime. At the hearing, the individual established through credible testimony that he was elsewhere at the time of the burglary, which testimony was corroborated by another credible witness. Further, the individual clarified information that demonstrated the arresting officer was in error as to the individual having “confessed” to the crime. The LSO presented testimony of the police officer who had photographically identified the individual as the person he had directed to the impound lot on the night of the burglary, at the hearing, however, the officer testified that he did not recognize the individual at all. Based on the foregoing, the Administrative Judge found that the individual had resolved the security concerns arising under Criterion L.  OHA Case No. PSH-15-0053 (Wade M. Boswell)

On October 13, 2015, an OHA Administrative Judge issued a decision in which she determined that an individual should be granted access authorization.  In reaching this determination, the Administrative Judge found that the individual had resolved the security concerns arising from his wife’s undocumented immigrant status and his four minor criminal charges.  At the hearing, the individual presented evidence that he and his wife have hired an attorney to rectify her immigration status.  Based upon this information, the Administrative Judge found that he resolved the security concern regarding his undocumented spouse.  Regarding the four minor charges, the individual admitted that he was guilty of two of the charges.  He and his brother-in-law testified persuasively that he was not guilty of the third charge.  Finally, he testified that he did not believe that he was guilty of the fourth charge but paid the $250 fine in order to retrieve his $2,000 chain saws.  The Administrative Judge concluded that the individual was credible in his testimony and that the charges were either unlikely to recur or that he did not commit them.  Therefore, the Administrative Judge found that the individual had resolved the Criterion L concerns and that his request for access authorization should be granted.  OHA Case No. PSH-15-0060 (Janet R. H. Fishman)