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ISCR Case 22-02173 — CASE

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ISCR Case 22-02173

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

Case Profile
Decision Date2/29/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Marc E. Curry
Government Counsel: John C. Lynch
Case Summary
The applicant in this case was a 48-year-old single man with a history of two previous marriages, both of which ended in divorce. He served honorably in the U.S. Air Force and had been employed as a data analyst for a defense contractor since 2016. The Statement of Reasons (SOR) issued by the Defense Counterintelligence and Security Agency (DCSA) raised concerns under Guideline F (financial considerations), Guideline J (criminal conduct), and Guideline E (personal conduct), primarily focusing on the applicant's history of spousal abuse and ongoing financial difficulties.
The applicant admitted to some financial issues, including a Chapter 7 bankruptcy in 2011 and subsequent delinquent debts totaling approximately $19,000. He also acknowledged being involved in a romance scam that exacerbated his financial situation. Regarding the allegations of domestic violence, the applicant denied the claims made by his estranged wife, asserting that he did not harm her and that her injuries were not a result of his actions. He provided evidence from a court ruling that found him credible and dismissed the allegations of abuse.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to his history of spousal abuse and financial problems. The judge emphasized the seriousness of the allegations and the applicant's inability to provide sufficient evidence to counter the claims, ultimately determining that granting him a security clearance was not consistent with national security interests.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline FFinancial Considerations · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 22-02173

deniedFeb 29, 2024· Hon. Marc E. Curry· hearing

Summary

A 48-year-old single male and U.S. Air Force veteran was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The denial stemmed primarily from unresolved financial issues and a history of domestic violence.

Specific financial allegations included federal income tax delinquencies of $4,524 for 2021 and $511 for 2018, along with $1,967 in back state taxes for 2021. Additionally, the applicant had two business tax liens totaling $198 from 2016 and 2020, and filed for Chapter 7 bankruptcy in July 2011. His history of criminal conduct involved physically abusing his then-wife, specifically choking and beating her in December 2018, and punching her in March 2018.

Despite some efforts to address his debts, the judge found insufficient mitigation for the concerns regarding financial irresponsibility and past criminal conduct. The applicant's history of spousal abuse and ongoing delinquent debts raised significant doubts about his judgment, reliability, and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant failed to mitigate security concerns related to his history of spousal abuse and financial problems.
The applicant's financial irresponsibility included a history of bankruptcy and ongoing delinquent debts.
The applicant's domestic violence history raised significant doubts about his judgment and reliability.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 15raisedConduct Involving Questionable Judgment

Mitigating

AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue CreditorsThe applicant initiated a payment plan but failed to complete previous arrangements.
AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe brutality of the assault and the applicant's failure to admit it precluded application.

Key Rule Quoted

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

Procedural Posture

SOR issuedApr 27, 2023
Answer filedMay 11, 2023Applicant requested a decision based on the evidence on file.
Hearing held—Decision made without a hearing.
Decision dateFeb 29, 2024

Cite For

Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
Impact of Domestic Violence History on Security Clearance Eligibility Under Guideline J
Importance of Reliability and Trustworthiness in National Security Matters 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, specifically regarding physical abuse of his estranged wife. The applicant's claims of financial issues were not sufficient to mitigate the concerns raised under Guideline E. Overall, the applicant did not mitigate the personal conduct concerns, leading to a denial of security clearance eligibility.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant's dishonored electronic payments are indicative of a financial problem rather than a personal conduct concern.	For Applicant	Unspecified Personal Conduct	—	Denied	—	—	—
3.b	Applicant's physical abuse of his then wife is disqualifying under this guideline.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—

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 multiple financial concerns against the applicant, including federal and state tax delinquencies, business tax liens, and additional delinquent debts incurred after a bankruptcy discharge. Despite some efforts to manage these debts, the applicant's financial history was deemed insufficient to mitigate the security concerns, resulting in a denial of the security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	SOR subparagraph 1.a alleges a $4,524 federal income tax delinquency for tax year 2021 and a $511 federal income tax delinquency for tax year 2018. $5,035	Against Applicant	Tax Unpaid	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b	specific text not stated in this decision	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.c	Subparagraph 1.c alleges that Applicant owes $1,967 in back state taxes for tax year 2021. $1,967	Against Applicant	Tax Unpaid	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.d	SOR subparagraph 1.d alleges that Applicant had two business tax liens entered against him in 2016 and 2020, totaling $198. $198	For Applicant	Tax Unpaid	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.e–1.j	6 sub-charges — specific text not stated in this decision (5 against, 1 for the applicant).	Mixed			—	—	—
1.k	In July 2011, he filed for Chapter 7 bankruptcy protection, as alleged in subparagraph 1.k.	Against Applicant	Bankruptcy Filing	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—

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 ruled against the applicant on allegations of spousal abuse, specifically choking and punching his wife. The applicant's history of domestic violence raised significant security concerns, leading to the denial of his security clearance eligibility.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant choked and beat his wife on December 11, 2018.	Against Applicant	Domestic Violence	Conduct No Charge	Denied	—	—	—
2.b	Applicant punched his wife on the arm approximately six months earlier in March 2018.	Against Applicant	Domestic Violence	Conduct No Charge	Denied	—	—	—

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.