ISCR Case 16-03292.h1

Case Headnote

ISCR Case No. 16-03292.h1

deniedOct 30, 2017· Hon. Gina L. Marine· hearing

Summary

A 28-year-old unmarried male applicant was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant had a history of significant delinquent debts totaling over $111,000, including a $12,000 federal tax debt, two medical debts totaling $81,804, and eight other consumer debts totaling $18,008, along with admitted debts of $7,923. The judge found that the applicant failed to demonstrate sufficient mitigation of these financial concerns.

Additionally, the applicant exhibited a pattern of personal conduct issues, including multiple alcohol-related arrests. These included arrests for public drunkenness and disorderly conduct in late 2011, and two DUI arrests in February and August 2012, both with a .12 BAC. Following his 2012 general discharge, he was cited for driving with a suspended license in January 2013 and August 2014, and a family member obtained a 14-month civil protection order against him in March 2014. He also paid a fine in May 2015 for exceeding the speed limit.

The denial was based on the applicant's significant unresolved debts and his failure to demonstrate a good-faith effort to resolve them or manage his finances. Furthermore, his pattern of alcohol-related arrests raised concerns about his judgment and reliability, ultimately leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had significant unresolved delinquent debts totaling over $111,000, including a federal tax debt and multiple medical debts.
The applicant did not provide sufficient evidence of a good-faith effort to resolve his financial obligations or to demonstrate his ability to manage his debts.
The applicant's pattern of alcohol-related arrests raised concerns 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 ¶ 19(f)raisedFailure to File or Fraudulently File Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas

Mitigating

AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
AG ¶ 20(d)rejectedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
AG ¶ 20(g)rejectedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount Owed and Is in Compliance with Those Arrangements
AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent That It Is Unlikely to Recur

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”

Procedural Posture

SOR issuedDec 21, 2016
Answer filedJan 24, 2017Requested a decision on the record without a hearing.
Hearing held—No hearing; decision made on the record.
Decision dateOct 30, 2017

Cite For

Failure to Demonstrate Good-faith Effort to Resolve Financial Obligations Under Guideline F
Pattern of Alcohol-related Arrests Impacting Judgment Under Guideline E
Consideration of Both 2006 and 2017 AG in Decision-making Process.

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
2.a	In November 2011, Applicant was arrested for “public drunkenness” while walking home from a friend’s house, where he had been consuming alcohol.	For Applicant	Questionable Judgment General	—	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—
2.b	In December 2011, Applicant was arrested for disorderly conduct while at his girlfriend’s home to retrieve his property after a break up.	For Applicant	Questionable Judgment General	—	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—
2.c	In February 2012, Applicant was arrested for and charged with DUI after failing a field sobriety test and roadside breath test, and a blood alcohol test that revealed a .12 BAC.	For Applicant	Questionable Judgment General	—	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—
2.d	Applicant’s 2012 general discharge.	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
2.e	In August 2012, Applicant was arrested for and charged with DUI after failing a roadside breath test and a blood alcohol test that revealed a .12 BAC.	For Applicant	Questionable Judgment General	—	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—
2.f	In January 2013 and, again in August 2014, Applicant drove a vehicle when he knew that his driver’s license had been suspended in connection with his DUI convictions.	For Applicant	Rules Violation at Workplace	—	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—
2.g	In March 2014, one of those family members was granted a 14-month civil protection order against Applicant.	For Applicant	Questionable Judgment General	—	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—
2.h	In August 2014, Applicant drove a vehicle when he knew that his driver’s license had been suspended in connection with his DUI convictions.	For Applicant	Rules Violation at Workplace	—	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—
2.i	In May 2015, Applicant paid a fine, in an amount not specified in the record, for exceeding the maximum speed limit by 24 miles per hour.	For Applicant	Rules Violation at Workplace	—	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

In November 2011, Applicant was arrested for “public drunkenness” while walking home from a friend’s house, where he had been consuming alcohol.

For Applicant

Questionable Judgment General

—

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

2.b

In December 2011, Applicant was arrested for disorderly conduct while at his girlfriend’s home to retrieve his property after a break up.

For Applicant

Questionable Judgment General

—

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

2.c

In February 2012, Applicant was arrested for and charged with DUI after failing a field sobriety test and roadside breath test, and a blood alcohol test that revealed a .12 BAC.

For Applicant

Questionable Judgment General

—

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

2.d

Applicant’s 2012 general discharge.

For Applicant

Unspecified Personal Conduct

—

Unknown

—

2.e

In August 2012, Applicant was arrested for and charged with DUI after failing a roadside breath test and a blood alcohol test that revealed a .12 BAC.

For Applicant

Questionable Judgment General

—

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

2.f

In January 2013 and, again in August 2014, Applicant drove a vehicle when he knew that his driver’s license had been suspended in connection with his DUI convictions.

For Applicant

Rules Violation at Workplace

—

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

2.g

In March 2014, one of those family members was granted a 14-month civil protection order against Applicant.

For Applicant

Questionable Judgment General

—

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

2.h

In August 2014, Applicant drove a vehicle when he knew that his driver’s license had been suspended in connection with his DUI convictions.

For Applicant

Rules Violation at Workplace

—

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

2.i

In May 2015, Applicant paid a fine, in an amount not specified in the record, for exceeding the maximum speed limit by 24 miles per hour.

For Applicant

Rules Violation at Workplace

—

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	$12,000 federal tax debt $12,000	Against Applicant	Tax Unpaid	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations (f) failure to file / fraudulent filing of tax returns or unpaid tax	—	—
1.b	two medical debts totaling $81,804 $81,804	For Applicant	Medical Debt	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.c	eight other consumer debts totaling $18,008 $18,008	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.d	admitted debts totaling $7,923 $7,923	For Applicant	Unspecified Financial	Admitted	—	—	—
1.e–1.f	2 sub-charges — specific text not stated in this decision (1 against, 1 for the applicant). (low confidence)	Mixed			—	—	—
1.g	two medical debts totaling $81,804 $81,804	For Applicant	Medical Debt	Denied	—	—	—
1.h–1.j	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

$12,000 federal tax debt

$12,000

Against Applicant

Tax Unpaid

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(f) failure to file / fraudulent filing of tax returns or unpaid tax

—

1.b

two medical debts totaling $81,804

$81,804

For Applicant

Medical Debt

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.c

eight other consumer debts totaling $18,008

$18,008

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.d

admitted debts totaling $7,923

$7,923

For Applicant

Unspecified Financial

Admitted

—

1.e–1.f

2 sub-charges — specific text not stated in this decision (1 against, 1 for the applicant). (low confidence)

Mixed

—

1.g

two medical debts totaling $81,804

$81,804

For Applicant

Medical Debt

Denied

—

1.h–1.j

3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES