ISCR Case 20-00588

Case Headnote

ISCR Case No. 20-00588

grantedApr 9, 2021· Hon. Mark W. Harvey· hearing

Summary

A 39-year-old health service information technology specialist was granted a security clearance despite allegations under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited nine delinquent Department of Education student loan debts totaling $59,802, with individual amounts ranging from $3,109 to $10,588. Additionally, his $115,334 mortgage was at least 120 days delinquent by $2,299. The applicant was also alleged to have failed to disclose these delinquent student loans on his Questionnaire for National Security Positions.

The judge found that the applicant made sufficient efforts to address his financial obligations. His financial difficulties were largely attributed to his son's medical issues and a period of unemployment, which were considered circumstances beyond his control.

Crucially, the judge determined that the applicant's failure to disclose the debts stemmed from a credible misunderstanding rather than an intent to deceive. Given the applicant's good faith efforts to resolve his debts and the mitigating circumstances, eligibility for access to sensitive information was granted.

Why the Applicant Prevailed

The applicant demonstrated a good faith effort to address his financial obligations despite significant personal challenges.
The applicant's misunderstanding regarding debt disclosure was credible and not indicative of intent to deceive.
The applicant's financial situation was largely influenced by circumstances beyond his control, including his son's medical issues and unemployment.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to Recur
AG ¶ 20(b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors

Key Rule Quoted

“The standard that must be met for assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that assigning the person to sensitive duties is clearly consistent with the interests of national security.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedMay 10, 2020
Answer filedSep 29, 2020
Hearing heldMar 9, 2021via U.S. Cyber Command video teleconference
Decision dateApr 9, 2021

Cite For

Mitigation of Financial Considerations Under Guideline F Due to Personal Circumstances
Refutation of Personal Conduct Concerns Under Guideline E Based on Credible Intent
Good Faith Efforts in Addressing Financial Obligations Despite Hardships

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 his delinquent student loan debts on his Questionnaire for National Security Positions.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Financial	Admitted	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully (d) acknowledged the behavior; counseling/positive steps taken	Claimed Corrected Falsification Promptly Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant failed to disclose his delinquent student loan debts on his Questionnaire for National Security Positions.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Financial

Admitted

—

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

(b) omission/refusal followed advice of counsel; later cooperated fully

(d) acknowledged the behavior; counseling/positive steps taken

Claimed

Corrected Falsification Promptly

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $10,588 $10,588	For Applicant	Student Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full Claimed Payment Plan with Creditor
1.b	nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $10,289 $10,289	For Applicant	Student Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full Claimed Payment Plan with Creditor
1.c	nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $9,906 $9,906	For Applicant	Student Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full Claimed Payment Plan with Creditor
1.d	nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $5,990 $5,990	For Applicant	Student Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full Claimed Payment Plan with Creditor
1.e	nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $5,739 $5,739	For Applicant	Student Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full Claimed Payment Plan with Creditor
1.f	nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $5,060 $5,060	For Applicant	Student Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full Claimed Payment Plan with Creditor
1.g	nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $4,842 $4,842	For Applicant	Student Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full Claimed Payment Plan with Creditor
1.h	nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $3,109 $3,109	For Applicant	Student Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full Claimed Payment Plan with Creditor
1.i	nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $4,279 $4,279	For Applicant	Student Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full Claimed Payment Plan with Creditor
1.j	his $115,334 mortgage was at least 120 days delinquent in the amount of $2,299 $2,299	For Applicant	Mortgage or Home Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full Claimed Payment Plan with Creditor

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $10,588

$10,588

For Applicant

Student Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

Claimed

Payment Plan with Creditor

1.b

nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $10,289

$10,289

For Applicant

Student Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

Claimed

Payment Plan with Creditor

1.c

nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $9,906

$9,906

For Applicant

Student Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

Claimed

Payment Plan with Creditor

1.d

nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $5,990

$5,990

For Applicant

Student Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

Claimed

Payment Plan with Creditor

1.e

nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $5,739

$5,739

For Applicant

Student Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

Claimed

Payment Plan with Creditor

1.f

nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $5,060

$5,060

For Applicant

Student Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

Claimed

Payment Plan with Creditor

1.g

nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $4,842

$4,842

For Applicant

Student Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

Claimed

Payment Plan with Creditor

1.h

nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $3,109

$3,109

For Applicant

Student Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

Claimed

Payment Plan with Creditor

1.i

nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: $4,279

$4,279

For Applicant

Student Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

Claimed

Payment Plan with Creditor

1.j

his $115,334 mortgage was at least 120 days delinquent in the amount of $2,299

$2,299

For Applicant

Mortgage or Home Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

Claimed

Payment Plan with Creditor

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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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION