ISCR Case 16-00665.h1

Case Headnote

ISCR Case No. 16-00665.h1

deniedSep 6, 2017· Hon. Carol G. Ricciardello· hearing

Summary

A 49-year-old federal contractor with a college degree was denied a security clearance due to unresolved financial obligations, despite mitigating concerns related to alcohol consumption and criminal conduct. The denial was based on Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct).

The applicant faced allegations including a $1,774 debt to the federal government for tax year 2015. He also had a December 2012 public intoxication citation, which he resolved by paying a fine, and a November 2014 arrest for driving while intoxicated (DWI). The DWI charge was later reduced to obstruction of highway, to which he pleaded guilty in September 2015. For this, he was fined, ordered to perform 40 hours of community service, and placed on 18 months of probation, which expired in March 2017. He provided documentation of fine payment and community service completion, and stated in June 2016 that he was not currently drinking alcohol.

While the applicant successfully mitigated concerns under Guidelines G and J, he failed to resolve significant financial obligations under Guideline F. Specifically, he did not provide evidence of consistent payments to the IRS for his admitted tax debts, nor did he demonstrate a good-faith effort to resolve these delinquent debts. Consequently, his security clearance was denied.

Why the Applicant Was Denied

The applicant failed to mitigate financial concerns under Guideline F due to unresolved delinquent debts and failure to provide evidence of consistent payments to the IRS.
The applicant admitted to owing significant tax debts and did not demonstrate a good-faith effort to resolve them.

Conditions Referenced

Disqualifying

F.1.araisedInability to Satisfy Debts
F.1.braisedUnwillingness to Satisfy Debts
F.1.craisedHistory of Not Meeting Financial Obligations
F.1.fraisedFailure to File or Fraudulently Filing Income Tax Returns
G.2.araisedAlcohol-related Incidents
J.1.araisedPattern of Minor Offenses
J.1.braisedEvidence of Criminal Conduct
J.1.craisedCurrently on Parole or Probation

Mitigating

G.3.aappliedTime Has Passed Since Alcohol-related Incidents
J.2.aappliedTime Has Elapsed Since Criminal Behavior
J.2.dappliedEvidence of Successful Rehabilitation

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedAug 29, 2016
Answer filedSep 11, 2016Applicant elected to proceed without a hearing.
Decision dateAug 23, 2017

Cite For

Failure to Mitigate Financial Obligations Under Guideline F
Mitigation of Alcohol-related Conduct Under Guideline G
Consideration of Personal Conduct in Relation to Financial Issues Under Guideline E

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
4.a	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a–1.b	2 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—
1.c	indebted to the federal government for tax year 2015 ($1,774) $1,774	Against Applicant	Tax Unpaid	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations (f) failure to file / fraudulent filing of tax returns or unpaid tax	—	—
1.d–1.j	7 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a–1.b

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

Against Applicant

—

1.c

indebted to the federal government for tax year 2015 ($1,774)

$1,774

Against Applicant

Tax Unpaid

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

—

1.d–1.j

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

Against Applicant

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant received a citation for public intoxication in December 2012.	For Applicant	Public Intoxication	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(a) so much time has passed / so infrequent that it is unlikely to recur	—
2.b	In November 2014, Applicant was arrested and charged with driving while intoxicated (DWI).	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(a) so much time has passed / so infrequent that it is unlikely to recur	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant received a citation for public intoxication in December 2012.

For Applicant

Public Intoxication

Admitted

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

(a) so much time has passed / so infrequent that it is unlikely to recur

—

2.b

In November 2014, Applicant was arrested and charged with driving while intoxicated (DWI).

For Applicant

DUI or DWI Alcohol

Admitted

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

(a) so much time has passed / so infrequent that it is unlikely to recur

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	In December 2012, Applicant was charged with public intoxication. He stated this happened shortly after his wife passed away. He was grieving and not handling matters responsibly. He did not go to court. He paid the fine and the matter was resolved.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
3.b	In November 2014, Applicant was arrested and charged with driving while intoxicated (DWI). He was at a sports bar and was later arrested. He had consumed two to three drinks and did not believe he was intoxicated. He refused to take a breathalyzer. The charge was reduced to obstruction of highway. In September 2015, he pleaded guilty to the reduced charge. He was fined; ordered to perform 40 hours of community service; and placed on probation for 18 months, which was to expire in March 2017. He provided documents to show he paid the fine and completed the community service. In his June 2016 interrogatories, Applicant stated he is not currently drinking alcohol.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited Passage of Time

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

In December 2012, Applicant was charged with public intoxication. He stated this happened shortly after his wife passed away. He was grieving and not handling matters responsibly. He did not go to court. He paid the fine and the matter was resolved.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

3.b

In November 2014, Applicant was arrested and charged with driving while intoxicated (DWI). He was at a sports bar and was later arrested. He had consumed two to three drinks and did not believe he was intoxicated. He refused to take a breathalyzer. The charge was reduced to obstruction of highway. In September 2015, he pleaded guilty to the reduced charge. He was fined; ordered to perform 40 hours of community service; and placed on probation for 18 months, which was to expire in March 2017. He provided documents to show he paid the fine and completed the community service. In his June 2016 interrogatories, Applicant stated he is not currently drinking alcohol.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

Credited

Passage of Time

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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