ISCR Case 19-03357

Case Headnote

ISCR Case No. 19-03357

grantedMay 19, 2021· Hon. Mark W. Harvey· hearing

Summary

A 39-year-old health service information technology specialist was granted eligibility for a public trust position despite allegations under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons (SOR) cited nine Department of Education student loan debts totaling $59,802 that were in collection. These debts included individual amounts ranging from $3,109 to $10,588. Additionally, the SOR alleged that the applicant failed to disclose these student loans, which were in collections status, on his Security Clearance Application (SCA).

The judge found that the applicant made sufficient efforts to address his debts, which also included a mortgage. The financial difficulties were largely attributed to circumstances beyond his control, such as unemployment and medical issues affecting his son. The applicant demonstrated efforts to address his delinquent debts, including making payments and maintaining contact with creditors.

Furthermore, the judge determined that the applicant did not intend to deceive regarding his financial disclosures, thereby refuting the personal conduct concerns. Ultimately, the judge concluded that the applicant acted responsibly in managing his financial obligations, leading to the granting of his eligibility.

Why the Applicant Prevailed

The applicant demonstrated efforts to address his delinquent debts, including making payments and maintaining contact with creditors.
The financial issues were largely due to circumstances beyond the applicant's control, such as unemployment and medical issues affecting his son.
The applicant's personal conduct concerns were refuted as he did not intend to deceive regarding his financial disclosures.

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 filedMay 10, 2020
Hearing heldMar 9, 2021via U.S. Cyber Command video teleconference
Decision dateMay 19, 2021

Cite For

Mitigating Conditions for Financial Considerations Under Guideline F
Refutation of Personal Conduct Concerns Under Guideline E
Consideration of Circumstances Beyond an Applicant's Control Affecting Financial Stability

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	SOR 2.a alleged that Applicant failed to disclose his student loans that were in collections status on his SCA.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Financial	Admitted	—	—	Claimed Explanation of Omission Credible

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

SOR 2.a alleged that Applicant failed to disclose his student loans that were in collections status on his SCA.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Financial

Admitted

—

Claimed

Explanation of Omission Credible

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant's SOR alleges nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: 1.a ($10,588); 1.b ($10,289); 1.c ($9,906); 1.d ($5,990); 1.e ($5,739); 1.f ($5,060); 1.g ($4,842); 1.h ($3,109); and 1.i ($4,270). $10,588	For Applicant	Student Loan Debt	Admitted	—	—	Claimed Other
1.b	Applicant's SOR alleges nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: 1.a ($10,588); 1.b ($10,289); 1.c ($9,906); 1.d ($5,990); 1.e ($5,739); 1.f ($5,060); 1.g ($4,842); 1.h ($3,109); and 1.i ($4,270). $10,289	For Applicant	Student Loan Debt	Admitted	—	—	Claimed Other
1.c	Applicant's SOR alleges nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: 1.a ($10,588); 1.b ($10,289); 1.c ($9,906); 1.d ($5,990); 1.e ($5,739); 1.f ($5,060); 1.g ($4,842); 1.h ($3,109); and 1.i ($4,270). $9,906	For Applicant	Student Loan Debt	Admitted	—	—	Claimed Other
1.d	Applicant's SOR alleges nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: 1.a ($10,588); 1.b ($10,289); 1.c ($9,906); 1.d ($5,990); 1.e ($5,739); 1.f ($5,060); 1.g ($4,842); 1.h ($3,109); and 1.i ($4,270). $5,990	For Applicant	Student Loan Debt	Admitted	—	—	Claimed Other
1.e	Applicant's SOR alleges nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: 1.a ($10,588); 1.b ($10,289); 1.c ($9,906); 1.d ($5,990); 1.e ($5,739); 1.f ($5,060); 1.g ($4,842); 1.h ($3,109); and 1.i ($4,270). $5,739	For Applicant	Student Loan Debt	Admitted	—	—	Claimed Other
1.f	Applicant's SOR alleges nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: 1.a ($10,588); 1.b ($10,289); 1.c ($9,906); 1.d ($5,990); 1.e ($5,739); 1.f ($5,060); 1.g ($4,842); 1.h ($3,109); and 1.i ($4,270). $5,060	For Applicant	Student Loan Debt	Admitted	—	—	Claimed Other
1.g	Applicant's SOR alleges nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: 1.a ($10,588); 1.b ($10,289); 1.c ($9,906); 1.d ($5,990); 1.e ($5,739); 1.f ($5,060); 1.g ($4,842); 1.h ($3,109); and 1.i ($4,270). $4,842	For Applicant	Student Loan Debt	Admitted	—	—	Claimed Other
1.h	Applicant's SOR alleges nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: 1.a ($10,588); 1.b ($10,289); 1.c ($9,906); 1.d ($5,990); 1.e ($5,739); 1.f ($5,060); 1.g ($4,842); 1.h ($3,109); and 1.i ($4,270). $3,109	For Applicant	Student Loan Debt	Admitted	—	—	Claimed Other
1.i	Applicant's SOR alleges nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: 1.a ($10,588); 1.b ($10,289); 1.c ($9,906); 1.d ($5,990); 1.e ($5,739); 1.f ($5,060); 1.g ($4,842); 1.h ($3,109); and 1.i ($4,270). $4,270	For Applicant	Student Loan Debt	Admitted	—	—	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant's SOR alleges nine Department of Education (DOE) student loan debts totaling $59,802 that were placed for collection in the following amounts: 1.a ($10,588); 1.b ($10,289); 1.c ($9,906); 1.d ($5,990); 1.e ($5,739); 1.f ($5,060); 1.g ($4,842); 1.h ($3,109); and 1.i ($4,270).

$10,588

For Applicant

Student Loan Debt

Admitted

—

Claimed

Other

1.b

$10,289

For Applicant

Student Loan Debt

Admitted

—

Claimed

Other

1.c

$9,906

For Applicant

Student Loan Debt

Admitted

—

Claimed

Other

1.d

$5,990

For Applicant

Student Loan Debt

Admitted

—

Claimed

Other

1.e

$5,739

For Applicant

Student Loan Debt

Admitted

—

Claimed

Other

1.f

$5,060

For Applicant

Student Loan Debt

Admitted

—

Claimed

Other

1.g

$4,842

For Applicant

Student Loan Debt

Admitted

—

Claimed

Other

1.h

$3,109

For Applicant

Student Loan Debt

Admitted

—

Claimed

Other

1.i

$4,270

For Applicant

Student Loan Debt

Admitted

—

Claimed

Other

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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