ISCR Case 19-02939

Case Headnote

ISCR Case No. 19-02939

deniedAug 10, 2023· Hon. Erin C. Hogan· hearing

Summary

A 42-year-old government contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The denial stemmed from a history of unresolved financial issues and multiple personal conduct concerns, including several arrests and protective orders. The judge determined that the applicant failed to mitigate these allegations, raising doubts about his reliability and trustworthiness.

Specific financial allegations included a $274 medical collection, charged-off debts of $1,831 and $261 to a credit union, a $22,945 charged-off automobile debt, and a $17,020 charged-off automobile loan. Additionally, the applicant had delinquent child support debts totaling $2,461, $14,985, and $12,667. The applicant was also alleged to have falsified material facts on his May 4, 2018 e-QIP regarding financial record delinquency and illegal drug use.

Personal conduct allegations included arrests in September 2002 for possession with intent to distribute marijuana, carrying a pistol without a license, and unregistered ammunition. Further arrests occurred in November 2008 for firearm offenses, and for failing to obey an order, hindering, and resisting arrest. The applicant was also arrested in July 2013 for assault and battery, and received a citation in September 2015 for possession of drug paraphernalia. Multiple protective orders were issued against the applicant in May 2007, February 2012, August 2015, and December 2016. The denial was based on the applicant's insufficient rehabilitation, lack of financial control, and intentional failure to disclose delinquent debts.

Why the Applicant Was Denied

The applicant did not demonstrate sufficient rehabilitation or control over his financial situation.
The applicant's history of multiple arrests and protective orders raised concerns about his judgment and reliability.
The applicant's failure to disclose delinquent debts on his security clearance application was deemed intentional.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas

Mitigating

AG ¶ 20(b)rejectedConditions Largely Beyond the Person's ControlWhile the applicant faced unemployment and separation, he did not act responsibly to resolve his financial issues.
AG ¶ 20(c)appliedReceived Financial CounselingThe applicant completed financial courses, but they were too recent to indicate effective resolution of his financial issues.
AG ¶ 20(d)rejectedGood-faith Effort to Repay DebtsThe applicant's repayment efforts were insufficient and did not demonstrate a meaningful track record.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedSep 11, 2020
Answer filedDec 11, 2020
Hearing heldJun 21, 2023via video-teleconference
Decision dateAug 10, 2023

Cite For

Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
Impact of Personal Conduct History on Security Clearance Eligibility Under Guideline E
Importance of Full Disclosure in Security Clearance Applications

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.b	In September 2002, Applicant was arrested and charged with (1) Possession with Intent to Distribute Marijuana (two counts), (2) Carry Pistol without a License – 1st Offense, and (3) Unregistered Ammunition.	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—
2.c	In May 2007, a temporary restraining order (TRO) was issued against Applicant.	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—
2.d	In November 2008, Applicant was arrested and charged with (1) Carry Pistol without a License; (2) Unlawful Possession of Firearm – Felony,(3) Possession of Unregistered Firearm, and (4) Unlawful Possession of Ammunition.	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—
2.e	Applicant was arrested and charged with (1) Fail To Obey Reasonable/Lawful Order, (2) Hindering/Obstructing, (3) Resist/Interfere with Arrest.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
2.f	In February 2012, a Temporary Protection Order (TPO) was issued against Applicant.	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—
2.g	In July 2013, Applicant was arrested and charged with Assault and Battery.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
2.h	In August 2015, a final protective order was issued against Applicant.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
2.i	In September 2015, Applicant received a citation for Possession of Drug Paraphernalia.	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—
2.j	In December 2016, an interim protective order was issued against Applicant.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
2.k	Applicant is alleged to have falsified material facts on his May 4, 2018, e-QIP in response to Section 26- Financial Record Delinquency Involving Routine Accounts.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Financial	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.l	Applicant is alleged to have falsified material facts on his May 4, 2018 e-QIP in response to Section 23- Illegal Use of Drugs or Drug Activity While Possessing a Security Clearance.	Against Applicant	Falsification Security FormNOT DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.b

In September 2002, Applicant was arrested and charged with (1) Possession with Intent to Distribute Marijuana (two counts), (2) Carry Pistol without a License – 1st Offense, and (3) Unregistered Ammunition.

Against Applicant

Questionable Judgment General

—

Admitted

—

2.c

In May 2007, a temporary restraining order (TRO) was issued against Applicant.

Against Applicant

Questionable Judgment General

—

Admitted

—

2.d

In November 2008, Applicant was arrested and charged with (1) Carry Pistol without a License; (2) Unlawful Possession of Firearm – Felony,(3) Possession of Unregistered Firearm, and (4) Unlawful Possession of Ammunition.

Against Applicant

Questionable Judgment General

—

Admitted

—

2.e

Applicant was arrested and charged with (1) Fail To Obey Reasonable/Lawful Order, (2) Hindering/Obstructing, (3) Resist/Interfere with Arrest.

Against Applicant

Questionable Judgment General

—

Denied

—

2.f

In February 2012, a Temporary Protection Order (TPO) was issued against Applicant.

Against Applicant

Questionable Judgment General

—

Admitted

—

2.g

In July 2013, Applicant was arrested and charged with Assault and Battery.

Against Applicant

Questionable Judgment General

—

Denied

—

2.h

In August 2015, a final protective order was issued against Applicant.

Against Applicant

Questionable Judgment General

—

Denied

—

2.i

In September 2015, Applicant received a citation for Possession of Drug Paraphernalia.

Against Applicant

Questionable Judgment General

—

Admitted

—

2.j

In December 2016, an interim protective order was issued against Applicant.

Against Applicant

Questionable Judgment General

—

Denied

—

2.k

Applicant is alleged to have falsified material facts on his May 4, 2018, e-QIP in response to Section 26- Financial Record Delinquency Involving Routine Accounts.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Financial

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.l

Applicant is alleged to have falsified material facts on his May 4, 2018 e-QIP in response to Section 23- Illegal Use of Drugs or Drug Activity While Possessing a Security Clearance.

Against Applicant

Falsification Security FormNOT DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	$274 medical account placed for collection. $274	Against Applicant	Medical Debt	Denied	—	—	—
1.b	$1,831 debt owed to a credit union that was charged off. $1,831	Against Applicant	Unspecified Financial	Denied	(b) unwillingness to satisfy debts regardless of ability	(b) conditions largely beyond the person’s control; acted responsibly	Documented Payment Plan with Creditor
1.c	$261 debt owed to a credit union that was charged off. $261	For Applicant	Unspecified Financial	Denied	—	—	—
1.d	$2,461 delinquent child support debt placed for collection. $2,461	Against Applicant	Child Support Debt	Admitted	(b) unwillingness to satisfy debts regardless of ability	—	—
1.e	$22,945 delinquent automobile debt that has been charged off by Auto Dealer #1. $22,945	Against Applicant	Auto Loan Debt	Unknown	(b) unwillingness to satisfy debts regardless of ability	—	—
1.f	$14,985 delinquent child support debt placed for collection. $14,985	Against Applicant	Child Support Debt	Admitted	(b) unwillingness to satisfy debts regardless of ability	—	—
1.g	$12,667 delinquent child support debt placed for collection. $12,667	Against Applicant	Child Support Debt	Denied	—	—	—
1.h	$17,020 automobile loan that was charged off by a credit union. $17,020	Against Applicant	Auto Loan Debt	Unknown	(b) unwillingness to satisfy debts regardless of ability	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

$274 medical account placed for collection.

$274

Against Applicant

Medical Debt

Denied

—

1.b

$1,831 debt owed to a credit union that was charged off.

$1,831

Against Applicant

Unspecified Financial

Denied

(b) unwillingness to satisfy debts regardless of ability

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

Documented

Payment Plan with Creditor

1.c

$261 debt owed to a credit union that was charged off.

$261

For Applicant

Unspecified Financial

Denied

—

1.d

$2,461 delinquent child support debt placed for collection.

$2,461

Against Applicant

Child Support Debt

Admitted

(b) unwillingness to satisfy debts regardless of ability

—

1.e

$22,945 delinquent automobile debt that has been charged off by Auto Dealer #1.

$22,945

Against Applicant

Auto Loan Debt

Unknown

(b) unwillingness to satisfy debts regardless of ability

—

1.f

$14,985 delinquent child support debt placed for collection.

$14,985

Against Applicant

Child Support Debt

Admitted

(b) unwillingness to satisfy debts regardless of ability

—

1.g

$12,667 delinquent child support debt placed for collection.

$12,667

Against Applicant

Child Support Debt

Denied

—

1.h

$17,020 automobile loan that was charged off by a credit union.

$17,020

Against Applicant

Auto Loan Debt

Unknown

(b) unwillingness to satisfy debts regardless of ability

—

Loading case…

Case Profile

Summary

Why the Applicant Was Denied

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