ISCR Case 05-07211.h1

Case Headnote

ISCR Case No. 05-07211.h1

grantedJan 26, 2007· Hon. LeRoy F. Foreman· hearing

Summary

A 39-year-old defense contractor was granted a security clearance despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The Statement of Reasons cited several financial delinquencies, including an electric bill for $277 from January 2000, a credit card debt of $3,707 from October 2001, a gas bill for $999 from July 2002, and a telephone bill for $975 from November 2002. Additionally, the applicant had child support arrearages totaling $11,714 for one child and $1,553 for a second child.

Criminal conduct allegations included a DUI arrest in October 1996, which resulted in a guilty plea to reckless driving and a sentence of 25 hours of community service. A second arrest in February 2004 for DWI led to a guilty plea and a six-month license restriction. The applicant also faced an allegation of intentionally falsifying his security clearance application (SF 86) by failing to disclose these two arrests.

The applicant successfully mitigated these concerns. He established a payment plan for his child support arrearages and resolved his other delinquent debts. He demonstrated that his criminal conduct was isolated and not indicative of a pattern, showing sincere remorse and a commitment to responsible behavior following his DWI conviction. The judge found his actions reasonable and consistent with the national interest, resulting in the security clearance being granted.

Why the Applicant Prevailed

The applicant established a payment plan for child support arrearages and resolved other delinquent debts.
He demonstrated that his criminal conduct was isolated and not indicative of a pattern of behavior.
The applicant showed sincere remorse and a commitment to responsible behavior following his DWI conviction.

Conditions Referenced

Disqualifying

E2.A10.1.2.1raisedCriminal Conduct - Allegations or Admissions of Criminal Conduct
E2.A6.1.2.1raisedFinancial Considerations - History of Not Meeting Financial Obligations

Mitigating

E2.A6.1.3.3appliedFinancial Considerations - Financial Problems Were Largely Beyond the Person's Control
E2.A6.1.3.6appliedFinancial Considerations - Good-faith Effort to Resolve Debts
E2.A10.1.3.2appliedCriminal Conduct - Isolated Incident
E2.A10.1.3.6appliedCriminal Conduct - Evidence of Successful Rehabilitation

Key Rule Quoted

“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
— ISCR Case No. 01-20700 at 3 (App. Bd. Dec. 19, 2002)

Procedural Posture

SOR issuedFeb 10, 2006
Answer filedUndated
Hearing heldDec 12, 2006
Decision dateJan 26, 2007

Cite For

Mitigation of Financial Concerns Due to Proactive Debt Resolution
Isolated Incidents of Criminal Conduct Under Guideline J
Consideration of Personal Circumstances in Security Clearance Decisions

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
3.a–3.c	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a–3.c

3 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Delinquent electric bill for $277, turned over for collection in January 2000 $277	For Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts	(g) arrangements made with the tax authority; in compliance	Documented Debt Paid in Full
1.b	Delinquent credit card account for $3,707, turned over for collection in October 2001 $3,707	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts	(g) arrangements made with the tax authority; in compliance	Documented Debt Paid in Full
1.c	Delinquent gas bill for $999, turned over for collection in July 2002 $999	For Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts	(g) arrangements made with the tax authority; in compliance	Documented Debt Paid in Full
1.d	Delinquent telephone bill for $975, turned over for collection in November 2002 $975	For Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts	(g) arrangements made with the tax authority; in compliance	Documented Debt Paid in Full
1.e	Child support arrearage of $11,714 $11,714	For Applicant	Child Support Debt	Admitted	(a) inability to satisfy debts	(g) arrangements made with the tax authority; in compliance	Documented Payment Plan with Creditor Documented Debt Paid in Full
1.f	Child support arrearage for a second child of $1,553 $1,553	For Applicant	Child Support Debt	Admitted	(a) inability to satisfy debts	(g) arrangements made with the tax authority; in compliance	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Delinquent electric bill for $277, turned over for collection in January 2000

$277

For Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(g) arrangements made with the tax authority; in compliance

Documented

Debt Paid in Full

1.b

Delinquent credit card account for $3,707, turned over for collection in October 2001

$3,707

For Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(g) arrangements made with the tax authority; in compliance

Documented

Debt Paid in Full

1.c

Delinquent gas bill for $999, turned over for collection in July 2002

$999

For Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(g) arrangements made with the tax authority; in compliance

Documented

Debt Paid in Full

1.d

Delinquent telephone bill for $975, turned over for collection in November 2002

$975

For Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(g) arrangements made with the tax authority; in compliance

Documented

Debt Paid in Full

1.e

Child support arrearage of $11,714

$11,714

For Applicant

Child Support Debt

Admitted

(a) inability to satisfy debts

(g) arrangements made with the tax authority; in compliance

Documented

Payment Plan with Creditor

Documented

Debt Paid in Full

1.f

Child support arrearage for a second child of $1,553

$1,553

For Applicant

Child Support Debt

Admitted

(a) inability to satisfy debts

(g) arrangements made with the tax authority; in compliance

Documented

Debt Paid in Full

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	You were arrested and charged with Driving Under the Influence (DUI) in about October 1996 in (redacted city and state). You pleaded guilty to a reduced charge of reckless driving and were sentenced to 25 hours of community service.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(c) no reliable evidence the individual committed the offense	Credited No Subsequent Offenses
2.b	You were arrested and charged with Driving While Intoxicated (DWI) in about February 2004 in (redacted city and state). You pleaded guilty and your license was restricted for six months.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(c) no reliable evidence the individual committed the offense	Credited No Subsequent Offenses
2.c	You intentionally falsified your security clearance application (SF 86) by failing to disclose your DUI arrest in October 1996 and your DWI conviction in February 2004.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.d	You were arrested and charged with Driving While Intoxicated (DWI) in about February 2004 in (redacted city and state). You pleaded guilty and your license was restricted for six months.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(c) no reliable evidence the individual committed the offense	Credited No Subsequent Offenses

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

You were arrested and charged with Driving Under the Influence (DUI) in about October 1996 in (redacted city and state). You pleaded guilty to a reduced charge of reckless driving and were sentenced to 25 hours of community service.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) no reliable evidence the individual committed the offense

Credited

No Subsequent Offenses

2.b

You were arrested and charged with Driving While Intoxicated (DWI) in about February 2004 in (redacted city and state). You pleaded guilty and your license was restricted for six months.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) no reliable evidence the individual committed the offense

Credited

No Subsequent Offenses

2.c

You intentionally falsified your security clearance application (SF 86) by failing to disclose your DUI arrest in October 1996 and your DWI conviction in February 2004.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

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

—

2.d

You were arrested and charged with Driving While Intoxicated (DWI) in about February 2004 in (redacted city and state). You pleaded guilty and your license was restricted for six months.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) no reliable evidence the individual committed the offense

Credited

No Subsequent Offenses

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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

SYNOPSIS

STATEMENT OF CASE

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

CONCLUSION

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

DECISION

FOOTNOTES

APPEARANCES