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ISCR Case 23-01565 — CASE

Case record

ISCR Case 23-01565

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

Case Profile
Decision Date9/11/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Roger C. Wesley
Government Counsel: Mark D. Lawton
Case Summary
The applicant in this case was a 42-year-old employee of a defense contractor seeking a security clearance. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing concerns under the financial considerations and personal conduct guidelines. The core allegations included the accumulation of six delinquent consumer debts exceeding $65,000 and an IRS tax debt of $1,248, as well as a history of multiple military disciplinary actions and civilian offenses, including alcohol-related incidents.
During the proceedings, the applicant admitted to some of the debts listed in the SOR but denied others. He acknowledged his financial difficulties, attributing them to issues arising after his enlistment in the Navy. Although he provided some documentation to support his claims, including a deed in lieu of foreclosure and IRS correspondence, he did not present a concrete plan to resolve his outstanding debts. The applicant also admitted to a history of disciplinary actions and offenses, including a general discharge from the Navy due to alcohol rehabilitation failure.
The administrative judge ruled against the applicant, concluding that he did not mitigate the concerns related to financial considerations and personal conduct. The judge found that the applicant's unresolved debts and history of misconduct raised significant security concerns that were not sufficiently addressed, leading to the denial of his eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline FFinancial Considerations · Against Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 23-01565

deniedSep 11, 2024· Hon. Roger C. Wesley· hearing

Summary

A 42-year-old defense contractor was denied eligibility for access to classified information due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant faced allegations of accumulating six delinquent consumer debts exceeding $65,000, along with an unresolved IRS tax debt of $1,248 from tax year 2017.

Additionally, the applicant's personal conduct raised concerns, including multiple military disciplinary punishments between March 2007 and December 2021, and a general discharge from the U.S. Navy in September 2010 for alcohol rehabilitation failure. Further issues included termination from a civilian employer in April 2018 for threatening a supervisor, and four arrests and charges for various civilian offenses.

The administrative judge determined that the applicant failed to mitigate these concerns, specifically noting the lack of a meaningful track record of debt repayment or rehabilitation efforts. Consequently, the applicant's request for a security clearance was denied.

Why the Applicant Was Denied

The applicant accumulated six delinquent consumer debts exceeding $65,000 and an IRS tax debt of $1,248, which remain unresolved.
The applicant has a history of military disciplinary actions and civilian offenses, including alcohol-related incidents and employment termination for threatening behavior.
The applicant did not demonstrate a meaningful track record of debt repayment or rehabilitation efforts.

Conditions Referenced

Disqualifying

DC ¶ 19(a)appliedInability to Satisfy Debts
DC ¶ 19(c)appliedA History of Not Meeting Financial Obligations
DC ¶ 16(d)appliedCredible Adverse Information Not Explicitly Covered by Other Guidelines

Key Rule Quoted

“Eligibility for access to classified information may only be granted "upon a finding that it is clearly consistent with the national interest to do so."”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960)

Procedural Posture

SOR issuedOct 5, 2023
Answer filedNov 28, 2023
Hearing heldJul 30, 2024via Microsoft Teams Teleconference Services
Decision dateSep 11, 2024

Cite For

Denial of Security Clearance Due to Unresolved Financial Obligations
Impact of Personal Conduct History on Security Clearance Eligibility
Insufficient Evidence of Rehabilitation in Financial Matters

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: HearingDecided: denied

The judge found against the applicant on all allegations under Guideline E, citing a pattern of personal conduct issues including military disciplinary actions, a general discharge due to alcohol rehabilitation failure, termination from employment for threatening behavior, and multiple arrests. The applicant's personal conduct concerns were not mitigated, leading to a denial of eligibility for access to classified information.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant allegedly incurred multiple military disciplinary punishments between March 2007 and December 2021.	Against Applicant	Rules Violation at Workplace	—	Denied	—	—	—
2.b	Applicant allegedly received a general discharge from the U.S. Navy in September 2010 for a cited alcohol rehabilitation failure.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
2.c	Applicant allegedly was fired by a previous civilian employer in April 2018 for threatening to beat up his supervisor.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
2.d	Applicant allegedly was arrested and charged on four different occasions for assorted civilian offenses.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	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: HearingDecided: denied

The applicant faced significant financial concerns due to six delinquent consumer debts totaling over $65,000 and an IRS tax debt of $1,248 for tax year 2017. The judge ruled against the applicant, finding that the financial issues were not mitigated and eligibility for access to classified information was denied.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant allegedly accumulated six delinquent consumer debts exceeding $65,000 and an IRS tax debt of $1,248 for tax year 2017. $65,000	Against Applicant	Unspecified Financial	Admitted	—	—	—

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

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.