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ISCR Case 19-01427 — CASE

Case record

ISCR Case 19-01427

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

Case Profile
Decision Date11/5/2019
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Noreen A. Lynch
Government Counsel: Andrea M. Corrales
Case Summary
The applicant in this case was a 35-year-old shipfitter employed by a defense contractor since May 2018. The Department of Defense (DOD) raised security concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct) due to the applicant's delinquent debts totaling $64,000, failure to file federal and state income tax returns from 2015 to 2018, and a history of criminal activity, including multiple arrests from 2011 to 2018. The applicant admitted to all allegations in the Statement of Reasons.
Key facts included the applicant's acknowledgment of her financial issues and criminal history. She admitted to the delinquent debts and the failure to file taxes, attributing her financial difficulties to periods of unemployment. Although she expressed an intent to resolve her debts and tax issues, she had not taken any concrete steps to do so, such as seeking financial counseling or submitting documentation to support her claims. The applicant also had a pattern of criminal behavior, including charges for possession of marijuana and driving while intoxicated, which raised concerns about her judgment and reliability.
The administrative judge ruled against the applicant, concluding that she had not mitigated the security concerns related to her financial and criminal history. The judge found that the applicant's admissions and lack of action to address her issues demonstrated a failure to meet the necessary standards for security clearance eligibility. Consequently, the applicant's request for access to classified information was denied.
Guidelines Evaluated
- Guideline FFinancial Considerations · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 19-01427

deniedNov 5, 2019· Hon. Noreen A. Lynch· hearing

Summary

A 35-year-old shipfitter was denied eligibility for access to classified information due to security concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant had $64,000 in delinquent debts and failed to file taxes from 2015 to 2018. Additionally, the applicant had a history of multiple arrests for criminal offenses, specifically marijuana possession and driving while intoxicated.

The Statement of Reasons detailed these issues, citing the delinquent debts and unfiled taxes, along with repeated instances of criminal activity. Disqualifying conditions under both guidelines were raised, including those related to financial irresponsibility and a pattern of criminal conduct.

The administrative judge determined that the applicant did not mitigate these security concerns. The applicant admitted to the debts and unfiled taxes, as well as the criminal history. Crucially, no evidence of financial counseling or a concrete plan to resolve the outstanding debts was provided, leading to the denial.

Why the Applicant Was Denied

The applicant admitted to having $64,000 in delinquent debts and failing to file taxes from 2015 to 2018.
The applicant has a history of criminal activity, including multiple arrests for marijuana possession and driving while intoxicated.
The applicant did not provide evidence of financial counseling or a plan to address her debts.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 19(f)raisedFailure to File or Fraudulently File Annual Federal, State, or Local Income Tax Returns
AG ¶ 31(a)raisedA Pattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Procedural Posture

SOR issuedJul 17, 2019
Answer filedJul 24, 2019
Hearing held—Applicant requested a decision on the record without a hearing.
Decision dateNov 5, 2019

Cite For

Failure to Mitigate Financial Obligations Under Guideline F
Pattern of Criminal Conduct Impacting Security Clearance Under Guideline J
Importance of Providing Evidence of Rehabilitation and Financial Responsibility.

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

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The applicant has delinquent debts totaling $64,000 and failed to file taxes from 2015 to 2018. The judge ruled against the applicant on all allegations under Guideline F, citing disqualifying conditions related to the inability to satisfy debts and a history of not meeting financial obligations.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant has delinquent debts totaling $64,000 and failed to file taxes from 2015 to 2018. $64,000	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations (f) failure to file / fraudulent filing of tax returns or unpaid tax	—	Claimed Other

Descriptive standardized rendering of a decided public case (Guideline F). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found against the applicant on all allegations related to criminal conduct, which included charges of marijuana possession and DWI. The applicant's history of criminal activity raised concerns about her judgment and reliability, leading to a denial of her eligibility for access to classified information.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant has a history of criminal activity including marijuana possession and DWI.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b	Applicant has a history of criminal activity including marijuana possession and DWI.	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.c	Applicant has a history of criminal activity including marijuana possession and DWI.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.d	Applicant has a history of criminal activity including marijuana possession and DWI.	Against 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	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.