ISCR Case 15-07673.h1

Case Headnote

ISCR Case No. 15-07673.h1

deniedNov 20, 2017· Hon. Richard A. Cefola· hearing

Summary

A 39-year-old defense contractor employee was denied a security clearance due to concerns under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant had a history of three DUI convictions in 2005, 2008, and 2013, and a conviction for driving on a suspended license in 2006. These criminal conduct issues, coupled with ongoing sporadic alcohol consumption, raised significant doubts about his judgment and reliability.

Regarding financial considerations, the applicant addressed several past-due debts. He settled an auto loan debt of about $10,035 and provided documentation that a debt of about $2,881 was paid. He was making monthly payments on a debt ranging from about $5,600 to $8,600. The applicant denied other alleged debts, stating that one creditor had no record of him, and he had settled several others, including amounts of about $298, $220, $1,398, $169, $2,919, $554, and $709. He also provided a Form 1099-C for a debt of about $10,255 and submitted tax documents to corroborate that he had filed federal and state income tax returns for 2007 and 2010.

Despite efforts to resolve his financial issues, the applicant's criminal history and continued alcohol consumption were deemed insufficiently mitigated. The decision concluded that these factors raised significant doubts about his trustworthiness and reliability, resulting in the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a history of three DUI convictions and driving with a suspended license, which raises concerns about his judgment and reliability.
The applicant continues to consume alcohol sporadically, which undermines claims of rehabilitation and raises questions about his trustworthiness.
The applicant's criminal history and ongoing alcohol issues were deemed insufficiently mitigated, leading to doubts about his suitability for a security clearance.

Conditions Referenced

Disqualifying

J.2.aappliedCriminal Conduct - Pattern of Minor Offenses
G.2.aappliedAlcohol Consumption - Alcohol-related Incidents

Mitigating

F.20.dappliedFinancial Considerations - Good-faith Effort to Repay Debts

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 9, 2016
Answer filedJul 7, 2016
Hearing heldNov 9, 2016
Decision dateNov 20, 2017

Cite For

Denial Based on Multiple DUI Convictions Under Guideline J
Ongoing Alcohol Consumption Impacting Security Clearance Eligibility Under Guideline G
Good-faith Efforts in Financial Matters Under Guideline F Not Sufficient to Mitigate Serious Concerns.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant admits that he had a past-due debt to Creditor A, as the result of an auto loan, in the amount of about $10,035. However, he avers that he fully settled this debt. $10,035	For Applicant	Auto Loan Debt	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.b	Applicant denies that he has a past-due debt to Creditor B in the amount of about $2,881. Furthermore, he has submitted documentation from the successor creditor of this debt that it has been paid. $2,881	For Applicant	Unspecified Financial	Denied	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.c	These appear to be one and the same debt to Creditor C ranging from about $5,600~$8,600. Applicant is making a monthly payment of $376 towards this past-due debt, as evidenced by a document from Applicant’s credit card account.	For Applicant	Unspecified Financial	Unknown	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Payment Plan with Creditor
1.d	Applicant denies that he has a past-due debt to Creditor D in the amount of about $16,578. In his affidavit, Applicant avers that he contacted the alleged creditor, and they have no record of him in their system or of him ever having an account with Creditor D. $16,578	For Applicant	Unspecified Financial	Denied	—	—	—
1.e	Applicant denies that he has a past-due debt to Creditor E in the amount of about $298. In his affidavit, Applicant avers that he settled this debt, and that he will provide a debt satisfaction letter in 14 days from 12/6/16. $298	For Applicant	Unspecified Financial	Denied	—	(d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full
1.f	specific text not stated in this decision	For Applicant	Unspecified Financial	Unknown	—	—	—
1.g	Applicant denies that he has a past-due debt to Creditor G in the amount of about $220. In his affidavit, Applicant avers that the debt was settled for $134.71, and he has corroborated this averment with a document from Applicant’s credit card account. $220	For Applicant	Unspecified Financial	Denied	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.h	Applicant denies that he has a past-due debt to Creditor H in the amount of about $1,398. In his affidavit, Applicant avers that the debt was settled for $850.00, and has corroborated this averment with a document from Applicant’s credit card account. $1,398	For Applicant	Unspecified Financial	Denied	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.i	Applicant denies that he has a past-due debt to Creditor I in the amount of about $169. In his affidavit, Applicant avers that the debt was paid, and has corroborated this averment by a document from Applicant’s credit card account. $169	For Applicant	Unspecified Financial	Denied	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.j	Applicant denies that he has a past-due debt to Creditor J in the amount of about $2,919. In his affidavit, Applicant avers that the debt was settled for $1,744, and has corroborated this averment by a document from Applicant’s credit card account, and by a letter from the successor creditor to this debt. $2,919	For Applicant	Unspecified Financial	Denied	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.k	Applicant denies that he has a past-due debt to Creditor K in the amount of about $554. In his affidavit, Applicant avers that the debt was settled for $376.38, and has corroborated this averment by a document from Applicant’s credit card account. $554	For Applicant	Unspecified Financial	Denied	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.l	Applicant denies that he has a past-due debt to Creditor L in the amount of about $709. In his affidavit, Applicant avers that the debt was settled for $348.00, and has corroborated this averment by a document from Applicant’s checking account. $709	For Applicant	Unspecified Financial	Denied	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.m	Applicant denies that he has a past-due debt to Creditor M in the amount of about $10,255. In his affidavit, Applicant avers that a 1099C was issued for the debt, and that he will include this in his income tax filing. Applicant corroborated this averment with a copy of his Form 1099-C. $10,255	For Applicant	Tax Filing Failure	Denied	—	—	—
1.n	Applicant denies that he failed to file his Federal and state income tax returns for tax years 2007 and 2010. He has corroborated his averment by tax documents showing his filings.	For Applicant	Tax Filing Failure	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant admits that he had a past-due debt to Creditor A, as the result of an auto loan, in the amount of about $10,035. However, he avers that he fully settled this debt.

$10,035

For Applicant

Auto Loan Debt

Admitted

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.b

Applicant denies that he has a past-due debt to Creditor B in the amount of about $2,881. Furthermore, he has submitted documentation from the successor creditor of this debt that it has been paid.

$2,881

For Applicant

Unspecified Financial

Denied

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.c

These appear to be one and the same debt to Creditor C ranging from about $5,600~$8,600. Applicant is making a monthly payment of $376 towards this past-due debt, as evidenced by a document from Applicant’s credit card account.

For Applicant

Unspecified Financial

Unknown

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Payment Plan with Creditor

1.d

Applicant denies that he has a past-due debt to Creditor D in the amount of about $16,578. In his affidavit, Applicant avers that he contacted the alleged creditor, and they have no record of him in their system or of him ever having an account with Creditor D.

$16,578

For Applicant

Unspecified Financial

Denied

—

1.e

Applicant denies that he has a past-due debt to Creditor E in the amount of about $298. In his affidavit, Applicant avers that he settled this debt, and that he will provide a debt satisfaction letter in 14 days from 12/6/16.

$298

For Applicant

Unspecified Financial

Denied

—

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

1.f

specific text not stated in this decision

For Applicant

Unspecified Financial

Unknown

—

1.g

Applicant denies that he has a past-due debt to Creditor G in the amount of about $220. In his affidavit, Applicant avers that the debt was settled for $134.71, and he has corroborated this averment with a document from Applicant’s credit card account.

$220

For Applicant

Unspecified Financial

Denied

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.h

Applicant denies that he has a past-due debt to Creditor H in the amount of about $1,398. In his affidavit, Applicant avers that the debt was settled for $850.00, and has corroborated this averment with a document from Applicant’s credit card account.

$1,398

For Applicant

Unspecified Financial

Denied

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.i

Applicant denies that he has a past-due debt to Creditor I in the amount of about $169. In his affidavit, Applicant avers that the debt was paid, and has corroborated this averment by a document from Applicant’s credit card account.

$169

For Applicant

Unspecified Financial

Denied

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.j

Applicant denies that he has a past-due debt to Creditor J in the amount of about $2,919. In his affidavit, Applicant avers that the debt was settled for $1,744, and has corroborated this averment by a document from Applicant’s credit card account, and by a letter from the successor creditor to this debt.

$2,919

For Applicant

Unspecified Financial

Denied

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.k

Applicant denies that he has a past-due debt to Creditor K in the amount of about $554. In his affidavit, Applicant avers that the debt was settled for $376.38, and has corroborated this averment by a document from Applicant’s credit card account.

$554

For Applicant

Unspecified Financial

Denied

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.l

Applicant denies that he has a past-due debt to Creditor L in the amount of about $709. In his affidavit, Applicant avers that the debt was settled for $348.00, and has corroborated this averment by a document from Applicant’s checking account.

$709

For Applicant

Unspecified Financial

Denied

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.m

Applicant denies that he has a past-due debt to Creditor M in the amount of about $10,255. In his affidavit, Applicant avers that a 1099C was issued for the debt, and that he will include this in his income tax filing. Applicant corroborated this averment with a copy of his Form 1099-C.

$10,255

For Applicant

Tax Filing Failure

Denied

—

1.n

Applicant denies that he failed to file his Federal and state income tax returns for tax years 2007 and 2010. He has corroborated his averment by tax documents showing his filings.

For Applicant

Tax Filing Failure

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	In July of 2005, Applicant was arrested for, and subsequently convicted of, Driving Under the Influence (DUI).	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
3.a	In July of 2008, Applicant was arrested for, and subsequently convicted of, a second DUI.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
3.a	In January of 2013, Applicant was arrested for, and subsequently convicted of, a third DUI.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

In July of 2005, Applicant was arrested for, and subsequently convicted of, Driving Under the Influence (DUI).

Against Applicant

DUI or DWI Alcohol

Admitted

—

3.a

In July of 2008, Applicant was arrested for, and subsequently convicted of, a second DUI.

Against Applicant

DUI or DWI Alcohol

Admitted

—

3.a

In January of 2013, Applicant was arrested for, and subsequently convicted of, a third DUI.

Against Applicant

DUI or DWI Alcohol

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	In July of 2005, Applicant was arrested for, and subsequently convicted of, Driving Under the Influence (DUI).	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.b	In October of 2006, Applicant was arrested for, and subsequently convicted of, Driving on a Suspended License.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.c	In July of 2008, Applicant was arrested for, and subsequently convicted of, a second DUI.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.d	In January of 2013, Applicant was arrested for, and subsequently convicted of, a third DUI.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

In July of 2005, Applicant was arrested for, and subsequently convicted of, Driving Under the Influence (DUI).

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.b

In October of 2006, Applicant was arrested for, and subsequently convicted of, Driving on a Suspended License.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.c

In July of 2008, Applicant was arrested for, and subsequently convicted of, a second DUI.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.d

In January of 2013, Applicant was arrested for, and subsequently convicted of, a third DUI.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

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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

FOOTNOTES