ISCR Case 14-02323.h1

Case Headnote

ISCR Case No. 14-02323.h1

deniedJul 1, 2014· Hon. Noreen A. Lynch· hearing

Summary

A 47-year-old defense contractor and former U.S. Marine was denied a security clearance due to concerns under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant admitted to approximately $13,000 in five delinquent debts and failed to file federal and state income tax returns from 2010 to 2013. He did not provide evidence of a repayment plan or demonstrate actions taken to resolve these financial issues.

Regarding alcohol consumption and criminal conduct, the applicant admitted to multiple alcohol-related arrests and convictions. These included driving under the influence (DUI) in 2010, 2006, and 2002, an open container charge in 2001, and a hit and run in 2002. The 2010 DUI resulted in a suspended jail sentence and a fine, but a bench warrant was issued in March 2014 for failure to complete a mandated DUI program. The 2006 conviction led to five years of summary probation, four days of confinement, a six-month offender program, and a fine. The 2002 incident also resulted in five years of summary probation, a suspended jail sentence, and a fine.

The judge found that the applicant's conduct, including his history of alcohol-related offenses and failure to address his financial issues or demonstrate rehabilitation, raised doubts about his judgment and reliability. Consequently, the security clearance was denied.

Why the Applicant Was Denied

Applicant admitted to approximately $13,000 in delinquent debts and failed to provide evidence of a repayment plan.
Applicant has a history of multiple alcohol-related offenses, including DUIs, and did not attend mandated alcohol counseling or treatment programs.
The applicant did not demonstrate rehabilitation or provide evidence of actions taken to resolve his financial issues.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work

Mitigating

AG ¶ 20(d)rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue CreditorsApplicant expressed intentions to pay debts but did not provide evidence of actions taken.
AG ¶ 32(d)rejectedEvidence of Successful RehabilitationApplicant did not provide evidence of rehabilitation or completion of treatment programs.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedAug 27, 2015
Answer filed—Applicant elected to have the case decided on the record.
Hearing held—No hearing; case decided on the record.
Decision dateOct 26, 2016

Cite For

Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
Impact of Alcohol-related Offenses on Security Clearance Eligibility Under Guideline G
Criminal Conduct as a Disqualifying Factor for Security Clearance 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	Applicant admits to 5 delinquent debts alleged in the SOR in an amount of approximately $13,000. $13,000	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b	The SOR also alleges failure to file federal and state income tax returns from 2010 to tax year 2013.	Against Applicant	Tax Filing Failure	Admitted	(g) unexplained affluence	—	—
1.c–1.g	5 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant admits to 5 delinquent debts alleged in the SOR in an amount of approximately $13,000.

$13,000

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.b

The SOR also alleges failure to file federal and state income tax returns from 2010 to tax year 2013.

Against Applicant

Tax Filing Failure

Admitted

(g) unexplained affluence

—

1.c–1.g

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

Against Applicant

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.b	alcohol-related incidents at work, such as reporting for work or duty in an intoxicated or impaired condition, or drinking on the job, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent	Against Applicant	Unspecified Alcohol Incident	Unknown	—	—	—
2.c	habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.d	diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence	Against Applicant	Alcohol Use Disorder Diagnosed	Unknown	—	—	—
2.e	evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program	Against Applicant	Unspecified Alcohol Incident	Denied	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

2.b

alcohol-related incidents at work, such as reporting for work or duty in an intoxicated or impaired condition, or drinking on the job, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent

Against Applicant

Unspecified Alcohol Incident

Unknown

—

2.c

habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent

Against Applicant

Binge or Intoxication Pattern

Admitted

—

2.d

diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence

Against Applicant

Alcohol Use Disorder Diagnosed

Unknown

—

2.e

evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program

Against Applicant

Unspecified Alcohol Incident

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant admitted his arrests and convictions for driving under the influence in 2010, 2006, and 2002. In 2001, he was charged with open container. His latest alcohol-related incident in 2010 resulted in a sentence of 180 days jail suspended and fined. However, in March 2014 a bench warrant was issued for failure to complete a driving under the influence program (DUIP). He was also found guilty in 2006 and sentenced to five years summary probation. He spent four days in confinement, was in an offender program for six months, and was fined. In 2002, he was also responsible for a hit and run. He was placed on 5 years summary probation and sentenced to 180 days jail suspended and fined. Applicant denied the 1993 arrest and charge for trespass.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Applicant admitted his arrests and convictions for driving under the influence in 2010, 2006, and 2002. In 2001, he was charged with open container. His latest alcohol-related incident in 2010 resulted in a sentence of 180 days jail suspended and fined. However, in March 2014 a bench warrant was issued for failure to complete a driving under the influence program (DUIP). He was also found guilty in 2006 and sentenced to five years summary probation. He spent four days in confinement, was in an offender program for six months, and was fined. In 2002, he was also responsible for a hit and run. He was placed on 5 years summary probation and sentenced to 180 days jail suspended and fined. Applicant denied the 1993 arrest and charge for trespass.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES