ISCR Case 17-00781.h1

Case Headnote

ISCR Case No. 17-00781.h1

deniedFeb 7, 2018· Hon. Noreen A. Lynch· hearing

Summary

A 30-year-old nuclear machinist was denied a security clearance under Guidelines F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The denial stemmed from unresolved debts, multiple DUI charges, and a failure to appear in court. The judge determined there was insufficient evidence of rehabilitation or mitigation for the concerns raised.

Regarding financial considerations, the applicant had several outstanding debts. These included a $14,798 car loan with a $1,175 past-due amount, a $2,466 collection account for unpaid rent from 2010, and a $241 collection account with one payment remaining. While a 2016 judgment for $1,767 was satisfied, and a state tax lien of $2,863 was resolved via wage garnishment, the applicant failed to provide evidence for other claimed payments. Additionally, federal income taxes for 2013 and 2014 were partially paid through garnishment, with a remaining balance for 2013.

Under alcohol consumption and criminal conduct, the applicant had two DUI charges. The first occurred in October 2013, resulting in a misdemeanor conviction and two years of probation. While on probation, a second DUI charge arose in November 2015, which remained unresolved as of May 2017 due to the applicant's failure to appear in court, leading to a bench warrant in January 2016. The applicant failed to resolve multiple delinquent debts totaling approximately $6,825 and did not provide sufficient evidence of financial responsibility or rehabilitation concerning alcohol consumption.

Why the Applicant Was Denied

The applicant failed to resolve multiple delinquent debts totaling approximately $6,825.
The applicant has two DUI convictions, with the second charge unresolved due to failure to appear in court.
The applicant did not provide sufficient evidence of financial responsibility or rehabilitation regarding alcohol consumption.

Conditions Referenced

Disqualifying

AG ¶ 21raisedAlcohol Consumption
AG ¶ 22(a)appliedAlcohol-related Incidents
AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
AG ¶ 19(a)appliedInability to Satisfy Debts
AG ¶ 19(b)appliedUnwillingness to Satisfy Debts
AG ¶ 19(c)appliedHistory of Not Meeting Financial Obligations
AG ¶ 30raisedCriminal Conduct
AG ¶ 31(a)appliedPattern of Minor Offenses
AG ¶ 31(b)appliedEvidence of Criminal Conduct

Key Rule Quoted

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

Procedural Posture

SOR issuedApr 28, 2017
Answer filed—Applicant requested a decision on the administrative record.
Hearing held—Decision made based on written record.
Decision dateFeb 7, 2018

Cite For

Insufficient Evidence of Financial Responsibility Under Guideline F
Multiple DUI Charges Impacting Security Clearance Under Guideline G
Failure to Appear in Court as a Disqualifying Factor Under Guideline J

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
2.a	a 2016 judgment for $1,767, it has been satisfied and the Government stipulated to the payment. $1,767	For Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.b	a car loan in the amount of $14,798, with a past-due amount of $1,175, Applicant’s girlfriend did not make the promised payments. $1,175	Against Applicant	Auto Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.c	Applicant stated that these accounts have been paid in full. He did not provide any receipts or other evidence of payment.	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.d	a collection account in the amount of $2,466, Applicant admits that he has not paid the rent for an apartment that he leased in 2010. $2,466	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.e	a collection account for $241, Applicant stated that he had a payment plan, with one payment left. $241	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.f	Applicant stated that these accounts have been paid in full. He did not provide any receipts or other evidence of payment.	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.g	Applicant stated that these accounts have been paid in full. He did not provide any receipts or other evidence of payment.	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.h	Applicant’s wages were garnished in the amount of $2,863 to satisfy a state tax lien. The garnishment began in 2015. $2,863	Against Applicant	Tax Unpaid	Admitted	(a) inability to satisfy debts (f) failure to file / fraudulent filing of tax returns or unpaid tax	—	—
2.i	failure to file state income tax returns for tax years 2011, 2012, and 2013 as required, the allegation was withdrawn by the Government.	For Applicant	Unspecified Financial	Unknown	—	—	—
2.j	Applicant failed to pay his Federal income taxes for tax year 2013 and 2014. His wages were garnished and he believes he has paid the taxes for 2014, but he believes he still owes “a little” for tax year 2013.	Against Applicant	Tax Unpaid	Admitted	(a) inability to satisfy debts (f) failure to file / fraudulent filing of tax returns or unpaid tax	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

a 2016 judgment for $1,767, it has been satisfied and the Government stipulated to the payment.

$1,767

For Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.b

a car loan in the amount of $14,798, with a past-due amount of $1,175, Applicant’s girlfriend did not make the promised payments.

$1,175

Against Applicant

Auto Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.c

Applicant stated that these accounts have been paid in full. He did not provide any receipts or other evidence of payment.

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.d

a collection account in the amount of $2,466, Applicant admits that he has not paid the rent for an apartment that he leased in 2010.

$2,466

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.e

a collection account for $241, Applicant stated that he had a payment plan, with one payment left.

$241

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.f

Applicant stated that these accounts have been paid in full. He did not provide any receipts or other evidence of payment.

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.g

Applicant stated that these accounts have been paid in full. He did not provide any receipts or other evidence of payment.

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.h

Applicant’s wages were garnished in the amount of $2,863 to satisfy a state tax lien. The garnishment began in 2015.

$2,863

Against Applicant

Tax Unpaid

Admitted

(a) inability to satisfy debts

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

—

2.i

failure to file state income tax returns for tax years 2011, 2012, and 2013 as required, the allegation was withdrawn by the Government.

For Applicant

Unspecified Financial

Unknown

—

2.j

Applicant failed to pay his Federal income taxes for tax year 2013 and 2014. His wages were garnished and he believes he has paid the taxes for 2014, but he believes he still owes “a little” for tax year 2013.

Against Applicant

Tax Unpaid

Admitted

(a) inability to satisfy debts

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Driving under the influence of alcohol (DUI) in October 2013. He was found guilty of misdemeanor DUI and placed on probation for two years.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.b	While on probation, Applicant was charged with another DUI in November 2015, which remains unresolved due to his failure to appear in court.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Driving under the influence of alcohol (DUI) in October 2013. He was found guilty of misdemeanor DUI and placed on probation for two years.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.b

While on probation, Applicant was charged with another DUI in November 2015, which remains unresolved due to his failure to appear in court.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	In October 2013, Applicant, after being stopped by the police, was arrested and charged with Driving under the Influence of Alcohol (DUI). He was found guilty of misdemeanor DUI. He was placed on probation for two years. He also received a restricted driver’s license for one year. While he was still on probation, Applicant was charged with another DUI. This happened on November 23, 2015 when Applicant was visiting family and consumed two half-full red solo cups of straight whiskey. Applicant failed to appear in court for this second DUI, and as of May 2017, the charge was unresolved. In January 2016, a bench warrant was issued after he failed to appear in court for the DUI charge from November 2015.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

In October 2013, Applicant, after being stopped by the police, was arrested and charged with Driving under the Influence of Alcohol (DUI). He was found guilty of misdemeanor DUI. He was placed on probation for two years. He also received a restricted driver’s license for one year. While he was still on probation, Applicant was charged with another DUI. This happened on November 23, 2015 when Applicant was visiting family and consumed two half-full red solo cups of straight whiskey. Applicant failed to appear in court for this second DUI, and as of May 2017, the charge was unresolved. In January 2016, a bench warrant was issued after he failed to appear in court for the DUI charge from November 2015.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

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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