ISCR Case 07-11263.h1

Case Headnote

ISCR Case No. 07-11263.h1

grantedDec 31, 2008· Hon. Charles D. Ablard· hearing

Summary

This case concerns a 45-year-old computer data modeler whose security clearance eligibility was reviewed under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited a positive cocaine test in January 2005, stemming from use in December 2004. Additionally, several financial delinquencies were raised, including a $397 cable service debt, a $2,139 Discover Card debt, a $14,790 USAA Savings Bank credit card debt, a $585 AT&T bill, an $18,290 Chase Bank credit card debt, a $1,126 Target charge account, and a disputed $540 debt.

The applicant successfully resolved the cable service debt, the AT&T bill, and the Target charge account by paying them in full. The Discover Card debt was settled for $1,083. For the USAA Savings Bank and Chase Bank debts, the applicant established negotiated settlements of $11,000 and $8,000, respectively, to be paid via a new loan co-signed with her father. The $540 debt remained in dispute, but the applicant committed to resolving it if the dispute failed.

The judge ultimately granted the security clearance. This decision was based on the applicant's resolution of most delinquent debts and her plan for the remainder, her acknowledgment of past drug use and engagement in counseling, and positive evaluations from colleagues supporting her reliability and trustworthiness.

Why the Applicant Prevailed

The applicant resolved the majority of her delinquent debts and demonstrated a plan to address the remaining debts.
She acknowledged her past drug use and has taken steps to alleviate the circumstances that led to it, including counseling.
The applicant's current employment and positive evaluations from colleagues supported her reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas

Mitigating

AG ¶ 20(a)appliedBehavior Happened Long Ago or Under Circumstances Unlikely to Recur
AG ¶ 20(c)appliedEvidence of Counseling and Resolution of Issues
AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
AG ¶ 17(c)appliedOffense Is Minor or Unlikely to Recur
AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken

Key Rule Quoted

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

Procedural Posture

SOR issuedMay 8, 2008
Answer filedJun 1, 2008
Hearing heldAug 27, 2008
Decision dateDec 31, 2008

Cite For

Mitigation of Financial Issues Under Guideline F
Remorse and Counseling as Mitigating Factors Under Guideline E
Whole Person Assessment 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
2.a	Applicant tested positive for cocaine in January 2005 from a use in December 2004.	For Applicant	Questionable Judgment General	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	Credited Acknowledgment and Remorse Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant tested positive for cocaine in January 2005 from a use in December 2004.

For Applicant

Questionable Judgment General

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

Credited

Acknowledgment and Remorse

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Cable service debt of $397. Paid in full $397	For Applicant	Utility or Phone Debt	Admitted	—	—	—
1.b	Discover Card debt of $2,139. Settled for $1,083 $2,139	For Applicant	Credit Card Debt	Admitted	—	—	—
1.c	USAA Savings Bank credit card debt of $14,790 charged off but attempts to negotiate have been conducted since January 2008 and now subject to negotiated settlement of $11,000 to be paid with new loan co-signed with Applicant’s father. $14,790	For Applicant	Credit Card Debt	Denied	—	—	—
1.d	AT&T bill of $585 was paid in full in January 2008. $585	For Applicant	Utility or Phone Debt	Admitted	—	—	—
1.e	Chase Bank credit card debt of $18,290 in collection. Attempts to negotiate have been conducted since February 2008 and now subject to negotiated settlement of $8,000 to be paid with new loan co-signed with Applicant’s father. $18,290	For Applicant	Credit Card Debt	Denied	—	—	—
1.f	Target charge account of $1,126. Had a settlement offer that was withdrawn but paid in full in June 2008. $1,126	For Applicant	Credit Card Debt	Admitted	—	—	—
1.g	Applicant disputes this $540 debt in correspondence with collection agency over four months without success. It is still in dispute but she will resolve it if the dispute is unsuccessful. $540	For Applicant	Unspecified Financial	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Cable service debt of $397. Paid in full

$397

For Applicant

Utility or Phone Debt

Admitted

—

1.b

Discover Card debt of $2,139. Settled for $1,083

$2,139

For Applicant

Credit Card Debt

Admitted

—

1.c

USAA Savings Bank credit card debt of $14,790 charged off but attempts to negotiate have been conducted since January 2008 and now subject to negotiated settlement of $11,000 to be paid with new loan co-signed with Applicant’s father.

$14,790

For Applicant

Credit Card Debt

Denied

—

1.d

AT&T bill of $585 was paid in full in January 2008.

$585

For Applicant

Utility or Phone Debt

Admitted

—

1.e

Chase Bank credit card debt of $18,290 in collection. Attempts to negotiate have been conducted since February 2008 and now subject to negotiated settlement of $8,000 to be paid with new loan co-signed with Applicant’s father.

$18,290

For Applicant

Credit Card Debt

Denied

—

1.f

Target charge account of $1,126. Had a settlement offer that was withdrawn but paid in full in June 2008.

$1,126

For Applicant

Credit Card Debt

Admitted

—

1.g

Applicant disputes this $540 debt in correspondence with collection agency over four months without success. It is still in dispute but she will resolve it if the dispute is unsuccessful.

$540

For Applicant

Unspecified Financial

Denied

—

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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