ISCR Case 17-01916.h1

Case Headnote

ISCR Case No. 17-01916.h1

deniedJun 4, 2018· Hon. Matthew E. Malone· hearing

Summary

A 40-year-old male applicant was denied a security clearance due to unresolved concerns under Guideline J (Criminal Conduct), despite successfully mitigating issues under Guideline F (Financial Considerations).

Regarding financial matters, the applicant had a history of difficulties, including a 2016 home foreclosure and several outstanding debts. These included $17,793 in delinquent or past-due debts, $257 owed to the Department of Veterans Affairs, a delinquent homeowners association account, and a $14,820 civil judgment debt. The applicant was able to resolve these financial concerns.

However, the applicant's criminal history presented significant security concerns. This record included charges in July and November 2016, both reduced to reckless driving. On April 30, 2016, he was charged with misdemeanor DUI and misdemeanor possession of less than one ounce of marijuana, resulting in a reckless driving conviction and 12 months of probation, with the drug charge conditionally suspended. In December 2015, he was arrested for damage to a business, leading to an order for 40 hours of community service and a drug and alcohol evaluation. Earlier offenses included misdemeanor marijuana possession in September 2006, and in February 2003, charges for marijuana possession, public intoxication, driving on a suspended license, and three other traffic violations. The recency of the applicant's criminal conduct, occurring shortly before the hearing, outweighed positive character testimony, leading to the denial.

Why the Applicant Was Denied

The applicant has a history of multiple criminal offenses, including DUI and property damage, which raise significant security concerns.
The applicant's last criminal conduct occurred shortly before the hearing, indicating a lack of established rehabilitation or good behavior.
Despite positive testimony regarding the applicant's character, the recency of his criminal conduct outweighed these endorsements.

Conditions Referenced

Disqualifying

AG ¶ 30raisedCriminal Conduct
AG ¶ 31(a)appliedPattern of Minor Offenses
AG ¶ 31(b)appliedEvidence of Criminal Conduct

Mitigating

AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's last instance of criminal conduct was recent, not allowing for a conclusion that it is unlikely to recur.
AG ¶ 32(c)rejectedNo Reliable Evidence of OffenseThere was sufficient proof of the applicant's conduct based on court information.
AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant has not established a track record of good behavior following his recent criminal conduct.

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedJun 21, 2017
Answer filedNot specified
Hearing heldMar 8, 2018Parties appeared as scheduled.
Decision dateNot specified

Cite For

Denial Based on Unresolved Criminal Conduct Under Guideline J
Mitigation of Financial Concerns Under Guideline F
Recency of Criminal Offenses Impacting Security Clearance Eligibility

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	In 2016, Applicant lost his home to foreclosure	For Applicant	Mortgage or Home Loan Debt	Admitted	(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	Claimed Other
1.b	Applicant owed $17,793 for four delinquent or past-due debts	For Applicant	Unspecified Financial	Admitted	(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	Documented Debt Paid in Full
1.c	Applicant owed $257 to the Department of Veterans Affairs (VA) $257	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	Documented Debt Paid in Full
1.d	Applicant owed a delinquent homeowners association (HOA) account	For Applicant	Unspecified Financial	Admitted	(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	Claimed Other
1.e	Applicant owed a $14,820 civil judgment debt $14,820	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 (e) reasonable, documented basis to dispute the debt	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

In 2016, Applicant lost his home to foreclosure

For Applicant

Mortgage or Home Loan Debt

Admitted

(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

Claimed

Other

1.b

Applicant owed $17,793 for four delinquent or past-due debts

For Applicant

Unspecified Financial

Admitted

(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

Documented

Debt Paid in Full

1.c

Applicant owed $257 to the Department of Veterans Affairs (VA)

$257

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

Documented

Debt Paid in Full

1.d

Applicant owed a delinquent homeowners association (HOA) account

For Applicant

Unspecified Financial

Admitted

(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

Claimed

Other

1.e

Applicant owed a $14,820 civil judgment debt

$14,820

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

(e) reasonable, documented basis to dispute the debt

Claimed

Other

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	In July and November 2016, Applicant was charged with an unspecified offense that was reduced to reckless driving.	Withdrawn	Traffic Offense Pattern	Charged Not Convicted	Denied	—	—	—
2.b	On April 30, 2016, he was charged with misdemeanor driving under the influence of alcohol (DUI), and misdemeanor possession of less than one ounce of marijuana, for which he was convicted of reckless driving and placed on 12 months of probation, with the drug charge conditionally suspended during that time.	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	—	—
2.c	On December 9, 2015, Applicant was arrested and charged with damage to a business, for which he was ordered to complete 40 hours of community service and a drug and alcohol evaluation.	Against Applicant	Vandalism or Property Damage	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.d	In September 2006, he was charged with misdemeanor possession of marijuana.	Against Applicant	Drug Related Criminal Charge	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.e	In February 2003, he was charged with possession of marijuana, public intoxication, driving on a suspended license, and three other traffic violations.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	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

2.a

In July and November 2016, Applicant was charged with an unspecified offense that was reduced to reckless driving.

Withdrawn

Traffic Offense Pattern

Charged Not Convicted

Denied

—

2.b

On April 30, 2016, he was charged with misdemeanor driving under the influence of alcohol (DUI), and misdemeanor possession of less than one ounce of marijuana, for which he was convicted of reckless driving and placed on 12 months of probation, with the drug charge conditionally suspended during that time.

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

—

2.c

On December 9, 2015, Applicant was arrested and charged with damage to a business, for which he was ordered to complete 40 hours of community service and a drug and alcohol evaluation.

Against Applicant

Vandalism or Property Damage

Convicted

Admitted

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

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

—

2.d

In September 2006, he was charged with misdemeanor possession of marijuana.

Against Applicant

Drug Related Criminal Charge

Charged Not Convicted

Admitted

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

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

—

2.e

In February 2003, he was charged with possession of marijuana, public intoxication, driving on a suspended license, and three other traffic violations.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES