ISCR Case 23-02941

Case Headnote

ISCR Case No. 23-02941

deniedAug 15, 2024· Hon. Richard A. Cefola· hearing

Summary

A 33-year-old defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant admitted to several past-due debts, including amounts of approximately $6,269, $3,672, $71, and $474, and initially denied a phone debt of about $3,991. He also admitted to a January 2019 arrest for felony DUI, which resulted in a misdemeanor plea.

Further allegations included failing to disclose a December 2013 non-judicial punishment for making a false official statement and destruction of government property, and denying a December 2014 arrest for battery. The applicant also admitted to punching a window during a domestic dispute. While the judge ruled in the applicant's favor on criminal conduct and alcohol consumption, the security clearance was ultimately denied.

The denial was based on unresolved financial issues, totaling approximately $18,761 in past-due debts, and the applicant's willful falsification of information on his security clearance applications.

Why the Applicant Prevailed

The applicant successfully mitigated concerns under Guidelines G and J due to the passage of time since the DUI conviction and lack of recent criminal activity.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 16(a)raisedDeliberate Omission or Falsification
AG ¶ 16(b)raisedProviding False or Misleading Information

Mitigating

AG ¶ 20(a)rejectedBehavior Unlikely to Recur
AG ¶ 20(b)rejectedConditions Beyond Control
AG ¶ 20(c)rejectedReceiving Financial Counseling
AG ¶ 20(d)rejectedGood-faith Effort to Repay Debts
AG ¶ 20(e)rejectedDispute Legitimacy of Debt
AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 23(a)appliedTime Passed Since Alcohol-related Incidents
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use Pattern
AG ¶ 23(d)appliedCompletion of Treatment Program
AG ¶ 17(a)rejectedPrompt Efforts to Correct Falsification
AG ¶ 17(b)rejectedFailure Due to Legal Advice

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 22, 2024
Answer filedMar 4, 2024
Hearing heldJun 5, 2024
Decision dateAug 15, 2024

Cite For

Unresolved Financial Issues Leading to Denial of Security Clearance
Willful Falsification of Security Clearance Applications
Mitigation of Criminal Conduct Due to Time Elapsed Since Conviction

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
4.a	Applicant answered 'No' to 'Section 22 – Police Record (EVER) Other than those already listed, have you EVER had the following happen to you? . . . Have you EVER been charged with any felony offenses?'	For Applicant	Omission or Failure to Disclose	Criminal Conduct	Denied	—	—	—
4.b	Applicant admits punching a window during a domestic dispute, and that he was the one who called the police.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official	—	Claimed Other
4.c	Applicant failed to disclose that he received non-judicial punishment (NJP) in December 2013 for making a false official statement, and for destruction of government property.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

Applicant answered 'No' to 'Section 22 – Police Record (EVER) Other than those already listed, have you EVER had the following happen to you? . . . Have you EVER been charged with any felony offenses?'

For Applicant

Omission or Failure to Disclose

Criminal Conduct

Denied

—

4.b

Applicant admits punching a window during a domestic dispute, and that he was the one who called the police.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Admitted

(b) deliberately providing false information to an investigator or official

—

Claimed

Other

4.c

Applicant failed to disclose that he received non-judicial punishment (NJP) in December 2013 for making a false official statement, and for destruction of government property.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

(b) deliberately providing false information to an investigator or official

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant admits he has a past-due debt to Creditor A in the amount of about $6,269. $6,269	For Applicant	Unspecified Financial	Admitted	—	—	—
1.b	Applicant initially denied a phone debt to Creditor B in the amount of about $3,991. $3,991	Against Applicant	Unspecified Financial	Denied	—	—	—
1.c	Applicant admits he has a past-due debt to Creditor C in the amount of about $3,672. $3,672	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.d	Applicant admits he has a past-due collection account to Creditor D in the amount of about $71. $71	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.e	Applicant admits he has a past-due debt to Creditor E in the amount of about $474. $474	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.f	Applicant denies he has a past-due debt to Creditor F in the amount of about $4,314. $4,314	For Applicant	Unspecified Financial	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant admits he has a past-due debt to Creditor A in the amount of about $6,269.

$6,269

For Applicant

Unspecified Financial

Admitted

—

1.b

Applicant initially denied a phone debt to Creditor B in the amount of about $3,991.

$3,991

Against Applicant

Unspecified Financial

Denied

—

1.c

Applicant admits he has a past-due debt to Creditor C in the amount of about $3,672.

$3,672

Against Applicant

Unspecified Financial

Admitted

—

1.d

Applicant admits he has a past-due collection account to Creditor D in the amount of about $71.

$71

Against Applicant

Unspecified Financial

Admitted

—

1.e

Applicant admits he has a past-due debt to Creditor E in the amount of about $474.

$474

Against Applicant

Unspecified Financial

Admitted

—

1.f

Applicant denies he has a past-due debt to Creditor F in the amount of about $4,314.

$4,314

For Applicant

Unspecified Financial

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	Applicant admits that in January of 2019, he was arrested for a felony, driving under the influence (DUI) of alcohol, but pled guilty to a misdemeanor DUI.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

Applicant admits that in January of 2019, he was arrested for a felony, driving under the influence (DUI) of alcohol, but pled guilty to a misdemeanor DUI.

For Applicant

DUI or DWI Alcohol

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant initially admitted that in June of 2009, he was charged with three levels of a burglary (two being felonies), and with Felony Theft of $500.	For Applicant	Trespassing or Burglary	Charged Not Convicted	Admitted	—	—	—
2.b	Applicant denies that in December of 2014, he was arrested for a Battery of his former spouse.	For Applicant	Assault or Battery	—	Denied	—	—	—
2.c	Applicant admits that in January of 2019, more than five years ago, he was arrested for a felony, driving under the influence (DUI) of alcohol, but pled guilty to a misdemeanor DUI.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant initially admitted that in June of 2009, he was charged with three levels of a burglary (two being felonies), and with Felony Theft of $500.

For Applicant

Trespassing or Burglary

Charged Not Convicted

Admitted

—

2.b

Applicant denies that in December of 2014, he was arrested for a Battery of his former spouse.

For Applicant

Assault or Battery

—

Denied

—

2.c

Applicant admits that in January of 2019, more than five years ago, he was arrested for a felony, driving under the influence (DUI) of alcohol, but pled guilty to a misdemeanor DUI.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

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Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision