CAC Eligibility Appeal Granted by DOHA

Although the primary purpose of the Defense Office of Hearing and Appeals (DOHA) is to review appeals for security clearance eligibility, they are also tasked to review appeals for fitness and eligibility for the issuance of a federal credential under Homeland Security Presidential Directive (HSPD) 12. We don’t see too many credentialing appeals, but every once in a while, one catches my eye. Here are the details of one such case:

The applicant was initially denied Common Access Card (CAC) issuance eligibility based on criminal and personal conduct (basically, lack of candor). He was arrested in 2023 and charged with aggravated assault, battery, and domestic violence for an incident that occurred in 2021. Additionally, there was an indication he had provided less than accurate information on his Declaration for Federal Employment regarding the circumstances that led to the 2021 incident. The applicant claimed his now ex-wife made multiple false allegations about his violent tendencies in order to get out of the marriage and gain custody of the children.

The DOHA judge noted these mitigating factors for consideration: applicant has completed therapy, counseling and attended group sessions with participation on-going; has not missed child support payments; it has been three years since the 2021 incident; was honest and forthcoming with employer about the strain and impact of extended close quarter living during COVID-19. Utilizing the whole person concept, it was deemed that the applicant has mitigated the issues and did not pose an unacceptable risk. Applicantt had his CAC issuance eligibility reinstated.