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ISCR Case 22-01330 — CASE

Case record

ISCR Case 22-01330

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

Case Profile
Decision Date7/13/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Marc E. Curry
Government Counsel: Carroll J. Connelley
Case Summary
The applicant in this case was a 33-year-old single mother of two children, employed as a security alarms dispatcher for a federal contractor since 2021. The Department of Defense issued a Statement of Reasons citing security concerns under Guideline F (financial considerations), Guideline J (criminal conduct), and Guideline E (personal conduct). The core allegations included approximately $58,000 in delinquent debt, a history of criminal charges related to domestic violence and child endangerment, and issues with job stability.
The applicant admitted to most allegations in the Statement of Reasons, attributing her financial difficulties to the challenges of being a single parent. She claimed to have applied for a student loan debt relief plan and expressed intentions to pay off her debts once she received an insurance settlement from a car accident. However, she did not provide evidence to support her claims regarding debt relief or payment plans. The administrative judge found that while the applicant mitigated some concerns related to her criminal conduct, she failed to mitigate the financial considerations due to a lack of substantiating evidence for her claims.
Ultimately, the administrative judge ruled to deny the applicant's security clearance, stating that her financial issues raised significant questions about her reliability and trustworthiness. The judge emphasized that the applicant did not demonstrate responsible actions to address her financial problems, which were critical in evaluating her eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline FFinancial Considerations · Against Applicant
- Guideline JCriminal Conduct · For Applicant
Similar decisions
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Case Headnote

ISCR Case No. 22-01330

deniedJul 13, 2023· Hon. Marc E. Curry· hearing

Summary

A 33-year-old single mother of two was denied a security clearance due to concerns under Guideline F (Financial Considerations), Guideline J (Criminal Conduct), and Guideline E (Personal Conduct). The Statement of Reasons cited approximately $58,000 in delinquent debt, domestic violence charges from 2008, and repeated tardiness.

While the domestic violence charges were dismissed and her tardiness was attributed to childcare issues rather than security concerns, the applicant failed to mitigate the financial concerns. Disqualifying conditions under Guideline F were raised, specifically regarding her significant delinquent debt and lack of financial responsibility.

Despite claims of applying for debt relief and insurance settlements, these were unsubstantiated. The applicant did not provide sufficient evidence of steps taken to resolve her financial obligations, leading to the denial of her security clearance.

Why the Applicant Prevailed

The applicant mitigated concerns related to past domestic violence charges, which were dismissed as self-defense.
The applicant's child endangerment charge was mitigated due to unusual circumstances and completion of volunteer work.
The applicant's issues with job stability were attributed to childcare challenges, not security concerns.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(b)appliedEvidence of Successful Rehabilitation
AG ¶ 20(b)appliedConditions Beyond Control

Key Rule Quoted

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

Procedural Posture

SOR issuedSep 30, 2022
Answer filedOct 31, 2022
Hearing held—Decision made based on written record.
Decision dateJul 13, 2023

Cite For

Failure to Mitigate Financial Considerations Under Guideline F
Mitigation of Criminal Conduct Under Guideline J Due to Unusual Circumstances
Consideration of Childcare Challenges in Employment Issues Under Guideline E

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 E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found against the applicant on the personal conduct allegations under Guideline E. The applicant's repeated tardiness and associated issues were considered indicative of childcare problems rather than security concerns, but the overall conduct did not mitigate the security risks presented.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant's repeated tardiness was indicative of childcare problems, rather than issues of security concern.	For Applicant	Rules Violation at Workplace	—	Denied	—	—	—
3.b–3.d	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

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

Standardized Decision Profile

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

Posture: Decision on RecordDecided: denied

The judge found that the applicant incurred approximately $58,000 of delinquent debt, which raised significant security concerns under Guideline F. Despite the applicant's claims of mitigating circumstances, the judge ruled against the applicant on all financial allegations, concluding that the financial issues were not sufficiently resolved or mitigated.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant incurred approximately $58,000 of delinquent debt. $58,000	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b–1.d	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—

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 the allegations of criminal conduct under Guideline J. The applicant's domestic violence charges stemming from an altercation with her ex-boyfriend in 2008 were dismissed, but the judge ruled that the evidence of criminal conduct raised security concerns, leading to a denial of the security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant's domestic violence charges stemming from the altercation with her ex-boyfriend in 2008 were dismissed.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
2.b–2.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

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.