ISCR Case 07-12243.h1

Case Headnote

ISCR Case No. 07-12243.h1

deniedAug 26, 2008· Hon. David M. White· hearing

Summary

A 51-year-old defense contractor employee was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant had over $9,000 in delinquent debts and a 25-year criminal history.

Regarding financial concerns, the applicant admitted to owing three medical collection accounts totaling $1,163 and a $2,746 judgment from a finance company obtained in July 2006. He denied owing a $5,212 medical bill and a $4,991 debt, which was identified as related to the finance company judgment. The judge found the applicant unable to repay his substantial delinquent debts.

For criminal conduct, the applicant's history included a 2005 DUI arrest, resulting in a five-year probation agreement, which was ongoing. Other offenses included a 1995 assault charge, a 2000 arrest for driving with expired plates and no insurance, a 1993 DWI resulting in convictions for negligent driving and reckless endangerment, and a 1983 conviction for attempted burglary. The judge cited the applicant's lengthy criminal history, including multiple offenses and ongoing probation, as significant factors undermining his reliability and trustworthiness, ultimately leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant has substantial delinquent debt that he cannot afford to repay.
The applicant has a lengthy criminal history, including multiple offenses and ongoing probation for a DUI.
The applicant did not demonstrate sufficient evidence of financial responsibility or rehabilitation.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation

Mitigating

AG ¶ 20(a)rejectedBehavior Happened so Long Ago or Was Infrequent
AG ¶ 20(b)rejectedConditions Beyond the Person's Control
AG ¶ 20(c)rejectedReceived Counseling for the Problem
AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue Creditors
AG ¶ 20(e)rejectedReasonable Basis to Dispute the Legitimacy of the Debt

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 26, 2008Dated March 16, 2008.
Answer filedApr 10, 2008Applicant requested a hearing.
Hearing heldJun 25, 2008Applicant testified and submitted evidence.
Decision dateAug 26, 2008

Cite For

Substantial Delinquent Debt as a Disqualifying Factor Under Guideline F
Lengthy Criminal History Impacting Security Clearance Eligibility Under Guideline J
Insufficient Evidence of Rehabilitation or Financial Responsibility Leading to Denial of Clearance.

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 admitted that he owed those debts listed in SOR ¶¶ 1.a, 1.b, 1.d, and 1.e (formerly 1.j). The first three of these involve medical accounts, placed for collection, in the total amount of $1,163. $1,163	Against Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b	Applicant admitted that he owed those debts listed in SOR ¶¶ 1.a, 1.b, 1.d, and 1.e (formerly 1.j). The first three of these involve medical accounts, placed for collection, in the total amount of $1,163. $1,163	Against Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.c	Applicant admitted that he owed those debts listed in SOR ¶¶ 1.a, 1.b, 1.d, and 1.e (formerly 1.j). The first three of these involve medical accounts, placed for collection, in the total amount of $1,163. $1,163	Against Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.d	Applicant denied owing the $5,212 medical bill, alleged in SOR ¶ 1.d, which remains on his most recent CBR in an amount of $5,266. $5,266	Against Applicant	Medical Debt	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.e	The fourth of these debts is a judgment obtained against him by a finance company in July 2006, in the amount of $2,746. $2,746	Against Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.f	Applicant denied owing the $4,991 debt alleged in SOR ¶ 1.f (formerly 1.k). Although first listed separately in his July 2006 CBR as both an ongoing past due debt and a collection account, comparing the CBR listings shows that this reported debt is to the same creditor and involves the same loan that was reduced to judgment and alleged in SOR ¶ 1.e. $4,991	For Applicant	Unspecified Financial	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant admitted that he owed those debts listed in SOR ¶¶ 1.a, 1.b, 1.d, and 1.e (formerly 1.j). The first three of these involve medical accounts, placed for collection, in the total amount of $1,163.

$1,163

Against Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.b

$1,163

Against Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.c

$1,163

Against Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.d

Applicant denied owing the $5,212 medical bill, alleged in SOR ¶ 1.d, which remains on his most recent CBR in an amount of $5,266.

$5,266

Against Applicant

Medical Debt

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.e

The fourth of these debts is a judgment obtained against him by a finance company in July 2006, in the amount of $2,746.

$2,746

Against Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.f

Applicant denied owing the $4,991 debt alleged in SOR ¶ 1.f (formerly 1.k). Although first listed separately in his July 2006 CBR as both an ongoing past due debt and a collection account, comparing the CBR listings shows that this reported debt is to the same creditor and involves the same loan that was reduced to judgment and alleged in SOR ¶ 1.e.

$4,991

For Applicant

Unspecified Financial

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant has a 25-year criminal history that includes burglary, assault, and driving offenses, most recently in 2005, and he remains on probation.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	—	—
2.b	Applicant was arrested and charged with Driving Under the Influence (DUI) in March 2005, and he entered into a deferred prosecution agreement, requiring him to serve five years probation.	For Applicant	DUI or DWI Criminal	Diversion or Deferred	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	—	—
2.c	Applicant was arrested for domestic violence incidents and charged with assault on his then-live-in girlfriend in 1995.	Against Applicant	Domestic Violence	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	—	—
2.d	Applicant was arrested for driving with expired plates and without compulsory insurance in December 2000.	Against Applicant	Traffic Offense Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	—	—
2.e	Applicant was arrested and charged with driving while intoxicated (DWI) in February 1993, resulting in a conviction for negligent driving and reckless endangerment.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	—	—
2.f	Applicant was arrested and charged with burglary, theft, and attempted burglary in January 1983, resulting in a conviction for attempted burglary and dismissal of the other charges.	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	—	—
2.g	Applicant's criminal record spans 25 years and includes multiple violations involving theft, assault, and violation of traffic laws.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant has a 25-year criminal history that includes burglary, assault, and driving offenses, most recently in 2005, and he remains on probation.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

—

2.b

Applicant was arrested and charged with Driving Under the Influence (DUI) in March 2005, and he entered into a deferred prosecution agreement, requiring him to serve five years probation.

For Applicant

DUI or DWI Criminal

Diversion or Deferred

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

—

2.c

Applicant was arrested for domestic violence incidents and charged with assault on his then-live-in girlfriend in 1995.

Against Applicant

Domestic Violence

Conduct No Charge

Admitted

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

—

2.d

Applicant was arrested for driving with expired plates and without compulsory insurance in December 2000.

Against Applicant

Traffic Offense Pattern

Conduct No Charge

Admitted

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

—

2.e

Applicant was arrested and charged with driving while intoxicated (DWI) in February 1993, resulting in a conviction for negligent driving and reckless endangerment.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

—

2.f

Applicant was arrested and charged with burglary, theft, and attempted burglary in January 1983, resulting in a conviction for attempted burglary and dismissal of the other charges.

Against Applicant

Theft or Larceny

Convicted

Admitted

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

—

2.g

Applicant's criminal record spans 25 years and includes multiple violations involving theft, assault, and violation of traffic laws.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

—

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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