ISCR Case 16-03574.h1

Case Headnote

ISCR Case No. 16-03574.h1

grantedNov 21, 2017· Hon. Shari Dam· hearing

Summary

A 26-year-old defense contractor was granted a security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited two job terminations: one from a correctional position for conversing with an inmate, and another from a liquor store after her boyfriend stole alcohol while she was working. Financial concerns included an alleged $1,807 landlord debt, an $860 medical debt she was unfamiliar with, a $487 cell phone bill from 2009, a $360 loan for which a payment plan was established in October 2016, a $258 personal bank loan from 2010, a $347 medical debt she believed was resolved, and a $347 cable company debt for unreturned equipment.

The judge found that the applicant successfully mitigated these concerns. She acknowledged her past job terminations and demonstrated increased maturity and responsibility in addressing her conduct. Regarding her financial issues, she resolved most of her delinquent medical debts and established a payment plan for others.

Furthermore, the applicant's family and employer were aware of her security concerns, which reduced her vulnerability to exploitation. These factors collectively led to the determination that the applicant had sufficiently addressed the security concerns, and her security clearance was granted.

Why the Applicant Prevailed

The applicant acknowledged past job terminations and demonstrated maturity in addressing her conduct.
She resolved most of her delinquent medical debts and established a payment plan for others.
The applicant's family and employer are aware of her security concerns, reducing her vulnerability to exploitation.

Conditions Referenced

Disqualifying

E2.draisedCredible Adverse Information
F3.araisedInability to Satisfy Debts
F3.craisedHistory of Not Meeting Financial Obligations

Mitigating

E2.cappliedMinor or Infrequent Conduct
E2.dappliedAcknowledgment and Positive Steps Taken
E2.eappliedReduction of Vulnerability to Exploitation
F2.aappliedBehavior Unlikely to Recur
F2.bappliedConditions Beyond Control
F2.dappliedGood-faith Effort to Resolve Debts
F2.eappliedDispute of Legitimacy of Debt

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedMar 24, 2017
Answer filedApr 13, 2016
Hearing heldJun 29, 2017
Decision dateNov 21, 2017

Cite For

Mitigation of Personal Conduct Issues Due to Maturity and Acknowledgment of Past Behavior
Resolution of Financial Difficulties Through Good-faith Efforts
Impact of Personal Circumstances on Financial Obligations

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 was terminated from her correctional position for engaging in conversation with a newly arrived inmate, which was against the institution’s employment policies.	For Applicant	Rules Violation at Workplace	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
2.b	Applicant was terminated from a liquor store for theft after her boyfriend stole alcohol while she was working, which was against the company’s policy.	For Applicant	Rules Violation at Workplace	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant was terminated from her correctional position for engaging in conversation with a newly arrived inmate, which was against the institution’s employment policies.

For Applicant

Rules Violation at Workplace

—

Admitted

—

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

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

2.b

Applicant was terminated from a liquor store for theft after her boyfriend stole alcohol while she was working, which was against the company’s policy.

For Applicant

Rules Violation at Workplace

—

Admitted

—

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

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant denied owing her former landlord the $1,807 debt alleged in SOR ¶ 1.a. $1,807	For Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts (e) reasonable, documented basis to dispute the debt	Claimed Other
1.b	Applicant is unfamiliar with the $860 medical debt alleged in SOR ¶ 1.b and has had difficulty locating the correct creditor. $860	For Applicant	Medical Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts (e) reasonable, documented basis to dispute the debt	Claimed Other
1.c–1.d	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—
1.e	The $487 delinquent debt alleged in SOR ¶ 1.e is owed to a cell phone company for an outstanding bill from 2009. $487	For Applicant	Utility or Phone Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts (e) reasonable, documented basis to dispute the debt	Claimed Other
1.f	In October 2016, Applicant established a payment plan for the $360 delinquent loan alleged in SOR ¶ 1.f. $360	For Applicant	Personal Loan Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(d) good-faith effort to repay or otherwise resolve debts	Documented Payment Plan with Creditor
1.l	The $258 delinquent debt alleged in SOR ¶ 1.l is owed for a personal bank loan that became delinquent in 2010. $258	For Applicant	Personal Loan Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts (e) reasonable, documented basis to dispute the debt	Claimed Other
1.q	Applicant is unfamiliar with the $347 medical debt alleged in SOR ¶ 1.q, but thinks it may have been resolved. $347	For Applicant	Medical Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts (e) reasonable, documented basis to dispute the debt	Claimed Other
1.r	The $347 delinquent debt alleged in SOR ¶ 1.r is owed to a cable company for equipment Applicant did not return when she hurriedly moved away from her former boyfriend. $347	For Applicant	Utility or Phone Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts (e) reasonable, documented basis to dispute the debt	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant denied owing her former landlord the $1,807 debt alleged in SOR ¶ 1.a.

$1,807

For Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

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

(e) reasonable, documented basis to dispute the debt

Claimed

Other

1.b

Applicant is unfamiliar with the $860 medical debt alleged in SOR ¶ 1.b and has had difficulty locating the correct creditor.

$860

For Applicant

Medical Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

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

(e) reasonable, documented basis to dispute the debt

Claimed

Other

1.c–1.d

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

For Applicant

—

1.e

The $487 delinquent debt alleged in SOR ¶ 1.e is owed to a cell phone company for an outstanding bill from 2009.

$487

For Applicant

Utility or Phone Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

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

(e) reasonable, documented basis to dispute the debt

Claimed

Other

1.f

In October 2016, Applicant established a payment plan for the $360 delinquent loan alleged in SOR ¶ 1.f.

$360

For Applicant

Personal Loan Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

Documented

Payment Plan with Creditor

1.l

The $258 delinquent debt alleged in SOR ¶ 1.l is owed for a personal bank loan that became delinquent in 2010.

$258

For Applicant

Personal Loan Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

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

(e) reasonable, documented basis to dispute the debt

Claimed

Other

1.q

Applicant is unfamiliar with the $347 medical debt alleged in SOR ¶ 1.q, but thinks it may have been resolved.

$347

For Applicant

Medical Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

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

(e) reasonable, documented basis to dispute the debt

Claimed

Other

1.r

The $347 delinquent debt alleged in SOR ¶ 1.r is owed to a cable company for equipment Applicant did not return when she hurriedly moved away from her former boyfriend.

$347

For Applicant

Utility or Phone Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

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

(e) reasonable, documented basis to dispute the debt

Claimed

Other

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Case Profile

Summary

Why the Applicant Prevailed

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