ISCR Case 17-03811.h1

Case Headnote

ISCR Case No. 17-03811.h1

grantedMay 16, 2018· Hon. Braden M. Murphy· hearing

Summary

A 40-year-old cybersecurity professional was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons detailed past drug misuse and a history of seeking treatment for substance use. Financial concerns included numerous delinquent debts, many of which were medical debts incurred while the applicant was an independent contractor without health insurance. Other debts included an apartment complex collection, phone and utility bills, a cable bill, an old energy bill, and an electric bill. A federal tax lien from 2007 for $16,067, concerning tax years 2002, 2003, and 2005, was also noted.

The applicant demonstrated significant efforts to resolve these financial issues. He made a $150 payment towards one medical debt and settled several others for a combined $1,352. Another medical debt was settled for $150, and he established an automatic payment plan for a remaining medical debt. The apartment complex debt was settled for $1,529, and the phone company account was settled and closed. A past-due utility bill was closed with no balance, and the cable bill was settled for $271. An old energy bill was settled for $192 in March 2018, and an electric bill was settled for $200.

The applicant also provided credible evidence of rehabilitation from drug addiction, including compliance with treatment and support from his medical provider. His candor during the investigation and hearing further mitigated concerns. Ultimately, the applicant's demonstrated efforts to resolve his debts and evidence of rehabilitation led to the security clearance being GRANTED.

Why the Applicant Prevailed

The applicant resolved most of his delinquent debts prior to the hearing.
The applicant provided credible evidence of rehabilitation from drug addiction, including compliance with treatment and support from his medical provider.
The applicant's candor during the investigation and hearing mitigated concerns regarding personal conduct.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts

Mitigating

AG ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct the Omission
AG ¶ 17(c)appliedBehavior Unlikely to Recur
AG ¶ 20(a)appliedThe Individual Has a History of Resolving Debts

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 13, 2017
Answer filedDec 8, 2017
Hearing heldMar 22, 2018
Decision dateMay 16, 2018

Cite For

Mitigation of Financial Considerations Due to Proactive Debt Resolution
Successful Rehabilitation From Drug Addiction Under Guideline E
Credibility of Applicant's Disclosures During the Security Clearance Process

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	In the last seven (7) years, have you intentionally engaged in the misuse of prescription drugs, regardless of whether or not the drugs were prescribed to you or someone else?	For Applicant	Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED	Drug Involvement	Denied	—	(a) prompt, good-faith correction before being confronted	Claimed Other
2.b	Have you EVER voluntarily sought counseling or treatment as a result of your use of a drug or controlled substance?	For Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form	(a) prompt, good-faith correction before being confronted	Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

In the last seven (7) years, have you intentionally engaged in the misuse of prescription drugs, regardless of whether or not the drugs were prescribed to you or someone else?

For Applicant

Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED

Drug Involvement

Denied

—

(a) prompt, good-faith correction before being confronted

Claimed

Other

2.b

Have you EVER voluntarily sought counseling or treatment as a result of your use of a drug or controlled substance?

For Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

(a) prompt, good-faith correction before being confronted

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Several of Applicant’s delinquencies are medical debts. This includes SOR ¶¶ 1.a ($3,132); 1.c ($1,096); 1.e ($491); 1.f ($458); 1.j ($34); 1.m ($1,096) and 1.n ($746). Some of these debts were incurred when Applicant was working as an independent contractor and did not have health insurance. Applicant paid $150 towards ¶ 1.a, paid $1,352 to settle SOR ¶¶ 1.c, 1.e, 1.f and 1.j. He settled ¶ 1.n for $150. He will pay off SOR ¶ 1.a through an automatic payment plan. $3,132	For Applicant	Medical Debt	Admitted	—	—	Documented Debt Paid in Full
1.b	SOR ¶ 1.b ($2,039) is an account placed for collection by an apartment complex. Applicant settled the account for $1,529. $2,039	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full
1.c	SOR ¶ 1.c ($1,096) is an account placed for collection by a phone company. The account has been settled and closed. $1,096	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full
1.d	specific text not stated in this decision	For Applicant	Unspecified Financial	Unknown	—	—	—
1.e	SOR ¶ 1.e ($491) is a medical debt. Applicant paid $1,352 to settle SOR ¶¶ 1.c, 1.e, 1.f and 1.j. $491	For Applicant	Medical Debt	Admitted	—	—	Documented Debt Paid in Full
1.f	SOR ¶ 1.f ($458) is a medical debt. Applicant paid $1,352 to settle SOR ¶¶ 1.c, 1.e, 1.f and 1.j. $458	For Applicant	Medical Debt	Admitted	—	—	Documented Debt Paid in Full
1.g	SOR ¶ 1.g ($449) is a past-due utility bill. The account is closed with no balance owed. $449	For Applicant	Utility or Phone Debt	Admitted	—	—	Documented Debt Paid in Full
1.h	SOR ¶ 1.h ($409) is a past-due cable bill. Applicant settled the account for $271. $409	For Applicant	Utility or Phone Debt	Admitted	—	—	Documented Debt Paid in Full
1.i	SOR ¶ 1.i ($386) is an old, past-due energy bill. He settled the debt for $192 in March 2018. $386	For Applicant	Utility or Phone Debt	Admitted	—	—	Documented Debt Paid in Full
1.j	SOR ¶ 1.j ($34) is a medical debt. Applicant paid $1,352 to settle SOR ¶¶ 1.c, 1.e, 1.f and 1.j. $34	For Applicant	Medical Debt	Admitted	—	—	Documented Debt Paid in Full
1.k	SOR ¶ 1.k is a federal tax lien issued in 2007 for $16,067. It concerned tax years 2002, 2003, and 2005. (low confidence) $16,067	For Applicant	Tax Unpaid	Denied	—	—	—
1.l	SOR ¶ 1.l ($1,582) is an electric bill placed for collection. Applicant settled the account for $200. $1,582	For Applicant	Utility or Phone Debt	Admitted	—	—	Documented Debt Paid in Full
1.m	SOR ¶ 1.m ($1,096) is a medical debt. Applicant paid $150 towards ¶ 1.a, paid $1,352 to settle SOR ¶¶ 1.c, 1.e, 1.f and 1.j. He settled ¶ 1.n for $150. $1,096	For Applicant	Medical Debt	Admitted	—	—	Documented Debt Paid in Full
1.n	SOR ¶ 1.n ($746) is a medical debt. He settled ¶ 1.n for $150. $746	For Applicant	Medical Debt	Admitted	—	—	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Several of Applicant’s delinquencies are medical debts. This includes SOR ¶¶ 1.a ($3,132); 1.c ($1,096); 1.e ($491); 1.f ($458); 1.j ($34); 1.m ($1,096) and 1.n ($746). Some of these debts were incurred when Applicant was working as an independent contractor and did not have health insurance. Applicant paid $150 towards ¶ 1.a, paid $1,352 to settle SOR ¶¶ 1.c, 1.e, 1.f and 1.j. He settled ¶ 1.n for $150. He will pay off SOR ¶ 1.a through an automatic payment plan.

$3,132

For Applicant

Medical Debt

Admitted

—

Documented

Debt Paid in Full

1.b

SOR ¶ 1.b ($2,039) is an account placed for collection by an apartment complex. Applicant settled the account for $1,529.

$2,039

For Applicant

Unspecified Financial

Admitted

—

Documented

Debt Paid in Full

1.c

SOR ¶ 1.c ($1,096) is an account placed for collection by a phone company. The account has been settled and closed.

$1,096

For Applicant

Unspecified Financial

Admitted

—

Documented

Debt Paid in Full

1.d

specific text not stated in this decision

For Applicant

Unspecified Financial

Unknown

—

1.e

SOR ¶ 1.e ($491) is a medical debt. Applicant paid $1,352 to settle SOR ¶¶ 1.c, 1.e, 1.f and 1.j.

$491

For Applicant

Medical Debt

Admitted

—

Documented

Debt Paid in Full

1.f

SOR ¶ 1.f ($458) is a medical debt. Applicant paid $1,352 to settle SOR ¶¶ 1.c, 1.e, 1.f and 1.j.

$458

For Applicant

Medical Debt

Admitted

—

Documented

Debt Paid in Full

1.g

SOR ¶ 1.g ($449) is a past-due utility bill. The account is closed with no balance owed.

$449

For Applicant

Utility or Phone Debt

Admitted

—

Documented

Debt Paid in Full

1.h

SOR ¶ 1.h ($409) is a past-due cable bill. Applicant settled the account for $271.

$409

For Applicant

Utility or Phone Debt

Admitted

—

Documented

Debt Paid in Full

1.i

SOR ¶ 1.i ($386) is an old, past-due energy bill. He settled the debt for $192 in March 2018.

$386

For Applicant

Utility or Phone Debt

Admitted

—

Documented

Debt Paid in Full

1.j

SOR ¶ 1.j ($34) is a medical debt. Applicant paid $1,352 to settle SOR ¶¶ 1.c, 1.e, 1.f and 1.j.

$34

For Applicant

Medical Debt

Admitted

—

Documented

Debt Paid in Full

1.k

SOR ¶ 1.k is a federal tax lien issued in 2007 for $16,067. It concerned tax years 2002, 2003, and 2005. (low confidence)

$16,067

For Applicant

Tax Unpaid

Denied

—

1.l

SOR ¶ 1.l ($1,582) is an electric bill placed for collection. Applicant settled the account for $200.

$1,582

For Applicant

Utility or Phone Debt

Admitted

—

Documented

Debt Paid in Full

1.m

SOR ¶ 1.m ($1,096) is a medical debt. Applicant paid $150 towards ¶ 1.a, paid $1,352 to settle SOR ¶¶ 1.c, 1.e, 1.f and 1.j. He settled ¶ 1.n for $150.

$1,096

For Applicant

Medical Debt

Admitted

—

Documented

Debt Paid in Full

1.n

SOR ¶ 1.n ($746) is a medical debt. He settled ¶ 1.n for $150.

$746

For Applicant

Medical Debt

Admitted

—

Documented

Debt Paid in Full

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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