ISCR Case 08-07585.h1

Case Headnote

ISCR Case No. 08-07585.h1

grantedJul 23, 2009· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 43-year-old physicist with a military background was granted a security clearance despite concerns under Guidelines F (Financial Considerations), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of financial difficulties and past alcohol-related offenses.

Regarding financial concerns, several debts were paid, including medical debts of $115, $268, $518, $261, and $188. The applicant negotiated a settlement for a $471 telecommunications debt but provided no payment evidence. Other debts, including $706 and $1,424 in medical bills, were disputed as the applicant believed his insurer should have paid them. He also disputed a $139 delinquent debt, stating he did not recognize the creditor. Attempts to negotiate loans or credit lines for a $12,313 and a $7,131 delinquent debt, and to settle a $2,710 computer-related debt, were unsuccessful.

The applicant's alcohol-related history included charges for Public Intoxication and Operating a Vehicle with a Blood Alcohol Content of .08 or more, both in 2007. The judge found that the applicant had made significant strides, achieving sobriety and demonstrating responsible financial behavior. His current employment and financial stability, along with community support activities, indicated a positive change in circumstances, leading to the clearance being granted.

Why the Applicant Prevailed

The applicant demonstrated a good-faith effort to resolve delinquent debts, with several paid and others disputed or in negotiation.
The applicant's alcohol-related incidents were attributed to past adverse circumstances, and he has since achieved sobriety and engaged in community support activities.
The applicant's current employment and financial stability indicated a positive change in circumstances.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History 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

Mitigating

AG ¶ 20(b)appliedConditions That Resulted in the Behavior Were Largely Beyond the Person’s Control
AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 26, 2008
Answer filedJan 23, 2009
Hearing heldApr 1, 2009
Decision dateJul 23, 2009

Cite For

Mitigating Conditions for Financial Difficulties Under Guideline F
Successful Rehabilitation and Sobriety Under Guideline G
Impact of Adverse Circumstances on Past Criminal Conduct 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	Medical Debt ($115) – This surgery-related balance is PAID. $115	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Credited Debt Paid in Full
1.b	Medical Debt ($268) – This surgery-related balance is PAID. $268	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Credited Debt Paid in Full
1.c	Telecommunications Debt ($471) – Applicant negotiated a settlement on this account, but provided no evidence the settlement was paid. $471	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Debt Disputed with Creditor
1.d	Medical Debt ($706) – Applicant disputes this account, claiming it should have been paid by his insurer. $706	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Debt Disputed with Creditor
1.e	See 1.b, above. $268	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Credited Debt Paid in Full
1.f	Delinquent Debt ($12,313) – Applicant attempted to negotiate a loan or secure a credit line to address this debt, but was not successful. $12,313	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Debt Disputed with Creditor
1.g	Delinquent Debt ($2,710) – Applicant tried to negotiate a settlement on this computer purchase related debt, but was unsuccessful. $2,710	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Debt Disputed with Creditor
1.h	Telecommunications Debt ($518) – This account is PAID. $518	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Credited Debt Paid in Full
1.i	Delinquent Debt ($7,131) – Applicant unsuccessfully attempted to negotiate a loan or secure a credit line to address this debt, which was mostly incurred when he lost his job and had to move back to his hometown. $7,131	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Debt Disputed with Creditor
1.j	Telecommunications Debt ($261) – This account is PAID. $261	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Credited Debt Paid in Full
1.k	See 1.a, above. $115	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Credited Debt Paid in Full
1.l	See 1.b, above. $268	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Credited Debt Paid in Full
1.m	Delinquent Debt ($188) – This account is PAID. $188	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Credited Debt Paid in Full
1.n	Medical Debt ($1,424) – Applicant is disputing this account, claiming it should have been paid by his health insurer. $1,424	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Debt Disputed with Creditor
1.o	See 1.m, above. $188	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Credited Debt Paid in Full
1.p	Delinquent Debt ($139) – Applicant does not recognize this creditor and has disputed its inclusion on his credit report. $139	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Debt Disputed with Creditor

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Medical Debt ($115) – This surgery-related balance is PAID.

$115

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Credited

Debt Paid in Full

1.b

Medical Debt ($268) – This surgery-related balance is PAID.

$268

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Credited

Debt Paid in Full

1.c

Telecommunications Debt ($471) – Applicant negotiated a settlement on this account, but provided no evidence the settlement was paid.

$471

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Debt Disputed with Creditor

1.d

Medical Debt ($706) – Applicant disputes this account, claiming it should have been paid by his insurer.

$706

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Debt Disputed with Creditor

1.e

See 1.b, above.

$268

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Credited

Debt Paid in Full

1.f

Delinquent Debt ($12,313) – Applicant attempted to negotiate a loan or secure a credit line to address this debt, but was not successful.

$12,313

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Debt Disputed with Creditor

1.g

Delinquent Debt ($2,710) – Applicant tried to negotiate a settlement on this computer purchase related debt, but was unsuccessful.

$2,710

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Debt Disputed with Creditor

1.h

Telecommunications Debt ($518) – This account is PAID.

$518

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Credited

Debt Paid in Full

1.i

Delinquent Debt ($7,131) – Applicant unsuccessfully attempted to negotiate a loan or secure a credit line to address this debt, which was mostly incurred when he lost his job and had to move back to his hometown.

$7,131

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Debt Disputed with Creditor

1.j

Telecommunications Debt ($261) – This account is PAID.

$261

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Credited

Debt Paid in Full

1.k

See 1.a, above.

$115

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Credited

Debt Paid in Full

1.l

See 1.b, above.

$268

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Credited

Debt Paid in Full

1.m

Delinquent Debt ($188) – This account is PAID.

$188

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Credited

Debt Paid in Full

1.n

Medical Debt ($1,424) – Applicant is disputing this account, claiming it should have been paid by his health insurer.

$1,424

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Debt Disputed with Creditor

1.o

See 1.m, above.

$188

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Credited

Debt Paid in Full

1.p

Delinquent Debt ($139) – Applicant does not recognize this creditor and has disputed its inclusion on his credit report.

$139

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Debt Disputed with Creditor

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	The applicant was charged with Public Intoxication in 2007 and Operating a Vehicle with a Blood Alcohol Content of .08 or more later that year.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

The applicant was charged with Public Intoxication in 2007 and Operating a Vehicle with a Blood Alcohol Content of .08 or more later that year.

For Applicant

DUI or DWI Alcohol

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
4.a	specific text not stated in this decision	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

4.a

specific text not stated in this decision

For Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a–2.i	9 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a–2.i

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

For Applicant

—

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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

FOOTNOTES