ISCR Case 17-01585.h1

Case Headnote

ISCR Case No. 17-01585.h1

deniedJul 1, 2017· Hon. Mark W. Harvey· hearing

Summary

A 34-year-old aerospace technician and former Air Force staff sergeant was denied a security clearance due to concerns under Guidelines F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The denial stemmed from unresolved delinquent debts, a failure to file tax returns, and a history of multiple DUI arrests.

Specifically, the applicant had a charged-off debt of $7,645, a collection debt of $795, a state tax lien for $2,090 from 2016, and a medical collection debt of $15. Additionally, he failed to file federal and state tax returns for 2013 and 2015. His alcohol-related history included four DUI arrests between 2006 and 2015. These incidents included a 2006 conviction with a $1,500 fine, a 2012 arrest resulting in nonjudicial punishment and a diagnosis of alcohol abuse, a 2013 arrest where he pleaded nolo contendere, and a 2015 arrest leading to a guilty finding.

The judge determined that the applicant did not provide sufficient evidence of efforts to resolve his delinquent debts or file his overdue tax returns. Furthermore, his repeated DUI arrests indicated ongoing alcohol-related issues. Consequently, the applicant was found not to meet the eligibility criteria for access to classified information.

Why the Applicant Was Denied

The applicant failed to provide sufficient evidence of progress in resolving delinquent debts and filing overdue tax returns.
The applicant has a history of four DUI arrests from 2006 to 2015, indicating ongoing alcohol-related issues.
The applicant did not demonstrate responsible financial management or efforts to address his debts.

Conditions Referenced

Disqualifying

F.19(a)raisedInability to Satisfy Debts
F.19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
F.19(c)raisedA History of Not Meeting Financial Obligations
F.19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required
G.2(a)raisedAlcohol-related Offenses
J.1raisedCriminal Conduct

Key Rule Quoted

“Once a concern arises regarding an Applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance.”
— Dorfmont v. Brown, 913 F. 2d 1399, 1401 (9th Cir. 1990), cert. denied, 499 U.S. 905 (1991)

Procedural Posture

SOR issuedMay 30, 2017
Answer filedJun 20, 2017
Hearing heldDec 1, 2017
Decision dateJan 24, 2018

Cite For

Insufficient Evidence of Financial Responsibility Under Guideline F
Ongoing Alcohol-related Issues Impacting Security Clearance Under Guideline G
Criminal Conduct History Affecting Eligibility 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
1.a	SOR ¶ 1.a alleges a charged-off debt for $7,645. $7,645	Against Applicant	Auto Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b	SOR ¶ 1.b alleges a debt placed for collection for $795. $795	For Applicant	Unspecified Financial	Admitted	—	—	—
1.c	SOR ¶ 1.c alleges a state tax lien filed by State X in 2016 for $2,090. $2,090	Against Applicant	Tax Unpaid	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.e	SOR ¶ 1.e alleges a medical debt placed for collection for $15. $15	For Applicant	Medical Debt	Admitted	—	—	—
1.g	SOR ¶ 1.g alleges Applicant failed to file his federal and state tax returns for tax years 2013 and 2015.	Against Applicant	Tax Filing Failure	Admitted	(f) failure to file / fraudulent filing of tax returns or unpaid tax	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

SOR ¶ 1.a alleges a charged-off debt for $7,645.

$7,645

Against Applicant

Auto Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.b

SOR ¶ 1.b alleges a debt placed for collection for $795.

$795

For Applicant

Unspecified Financial

Admitted

—

1.c

SOR ¶ 1.c alleges a state tax lien filed by State X in 2016 for $2,090.

$2,090

Against Applicant

Tax Unpaid

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.e

SOR ¶ 1.e alleges a medical debt placed for collection for $15.

$15

For Applicant

Medical Debt

Admitted

—

1.g

SOR ¶ 1.g alleges Applicant failed to file his federal and state tax returns for tax years 2013 and 2015.

Against Applicant

Tax Filing Failure

Admitted

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	The applicant has a history of alcohol-related arrests, including four arrests for driving under the influence (DUI) from 2006 to 2015.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

The applicant has a history of alcohol-related arrests, including four arrests for driving under the influence (DUI) from 2006 to 2015.

Against Applicant

DUI or DWI Alcohol

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested for DUI in 2006. His blood-alcohol content (BAC) was .126. He received a letter of reprimand from his commanding officer. He was convicted of DUI in a state court and sentenced to pay a $1,500 fine.	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 (c) currently on parole or probation	—	—
2.b	In 2012, Applicant was arrested for DUI. He received nonjudicial punishment (NJP) for the DUI. His BAC was about .06, which was sufficient in the overseas location where the offense occurred to constitute DUI. As a result of the NJP process, he received forfeiture of $700 pay per month for two months, restriction, extra duty, and a reprimand. He attended alcohol counseling after the 2012 DUI. He was diagnosed with alcohol abuse.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—
2.c	In 2013, Applicant was arrested for DUI. He did not remember his BAC. He was briefly jailed after the DUI. He pleaded nolo contendere to DUI.	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 (c) currently on parole or probation	—	—
2.d	In January 2015, Applicant was arrested for DUI. He did not remember his BAC. He was found guilty of DUI.	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 (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was arrested for DUI in 2006. His blood-alcohol content (BAC) was .126. He received a letter of reprimand from his commanding officer. He was convicted of DUI in a state court and sentenced to pay a $1,500 fine.

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

(c) currently on parole or probation

—

2.b

In 2012, Applicant was arrested for DUI. He received nonjudicial punishment (NJP) for the DUI. His BAC was about .06, which was sufficient in the overseas location where the offense occurred to constitute DUI. As a result of the NJP process, he received forfeiture of $700 pay per month for two months, restriction, extra duty, and a reprimand. He attended alcohol counseling after the 2012 DUI. He was diagnosed with alcohol abuse.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

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

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

(c) currently on parole or probation

—

2.c

In 2013, Applicant was arrested for DUI. He did not remember his BAC. He was briefly jailed after the DUI. He pleaded nolo contendere to DUI.

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

(c) currently on parole or probation

—

2.d

In January 2015, Applicant was arrested for DUI. He did not remember his BAC. He was found guilty of DUI.

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

(c) currently on parole or probation

—

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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