ISCR Case 16-03471.h1

Case Headnote

ISCR Case No. 16-03471.h1

deniedDec 8, 2017· Hon. Erin C. Hogan· hearing

Summary

A 47-year-old U.S. citizen, originally from Jamaica, was denied a security clearance due to significant financial issues and personal conduct concerns, specifically under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant had accumulated over $40,000 in delinquent debts following a previous bankruptcy, including a $6,999 charged-off student loan and a $205 municipal collection account. The judge found these attempts to address his financial situation insufficient.

Additionally, the applicant had a pattern of criminal behavior, including multiple convictions. Material omissions on his security clearance application further undermined his credibility. Specifically, he failed to disclose his military service in the Jamaican Army from 1989 to 1995 and a May 2003 felony charge.

The denial was based on the applicant's history of financial irresponsibility, his criminal record raising questions about judgment, and his intentional omissions on the application, which were deemed to undermine his trustworthiness and reliability.

Why the Applicant Was Denied

The applicant has a history of financial irresponsibility, including over $40,000 in delinquent debts after a bankruptcy discharge.
The applicant's criminal history includes multiple convictions that raise questions about his judgment and reliability.
The applicant's omissions on the security clearance application were deemed material and intentional, undermining his credibility.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas

Mitigating

AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant experienced periods of unemployment.
AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue Creditors or Resolve DebtsThe applicant did not demonstrate a good-faith effort to resolve debts prior to the SOR.
AG ¶ 17(c)appliedOffense Is so Minor or Occurred Under Unique CircumstancesThe last arrest was over seven years ago, indicating improved conduct.

Key Rule Quoted

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

Procedural Posture

SOR issuedJan 30, 2017
Answer filedMar 16, 2017
Hearing heldOct 4, 2017
Decision dateDec 8, 2017

Cite For

Financial Irresponsibility and Its Impact on Security Clearance Eligibility
The Significance of Omissions in Security Clearance Applications
The Relevance of Criminal History in Assessing Trustworthiness

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	Applicant is alleged to have falsified his answers to several questions on his e-QIP application which was signed by him on March 9, 2015. In response to “Section 15 – Military History. Foreign Military Service. Have you ever served as a civilian or military member in a foreign country’s military, intelligence, diplomatic, security forces, militia, other defense force, or government agency?” Applicant answered, “No”. He did not list his military service in the Jamaican Army from 1989 to 1995.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Foreign Contacts or Interests	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.f	Applicant answered, “No” in response to the “Section 22 – Police Record (EVER) Other than those offenses already listed, have you EVER had the following happen to you . . . been charged with a felony offense?” He did not list his May 2003 felony charge which was alleged in SOR ¶ 2.e.	For Applicant	Falsification Security Form	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant is alleged to have falsified his answers to several questions on his e-QIP application which was signed by him on March 9, 2015. In response to “Section 15 – Military History. Foreign Military Service. Have you ever served as a civilian or military member in a foreign country’s military, intelligence, diplomatic, security forces, militia, other defense force, or government agency?” Applicant answered, “No”. He did not list his military service in the Jamaican Army from 1989 to 1995.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Foreign Contacts or Interests

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.f

Applicant answered, “No” in response to the “Section 22 – Police Record (EVER) Other than those offenses already listed, have you EVER had the following happen to you . . . been charged with a felony offense?” He did not list his May 2003 felony charge which was alleged in SOR ¶ 2.e.

For Applicant

Falsification Security Form

Criminal Conduct

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	a $6,999 charged-off student loan account $6,999	Against Applicant	Student Loan Debt	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
1.z	a $205 account owed to a municipality placed for collection $205	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

a $6,999 charged-off student loan account

$6,999

Against Applicant

Student Loan Debt

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

1.z

a $205 account owed to a municipality placed for collection

$205

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

Documented

Debt Paid in Full

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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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION