ISCR Case 08-09614.h1

Case Headnote

ISCR Case No. 08-09614.h1

deniedMay 12, 2009· Hon. LeRoy F. Foreman· hearing

Summary

A 28-year-old security officer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant had 20 delinquent debts totaling approximately $24,962. These debts included unpaid balances for cell phones, a computer, credit cards, and tuition, among others. While some debts were paid or settled, and several were attributed to family members, a significant portion remained unresolved.

The applicant also falsified her security clearance application by answering "no" to three questions about her financial history and intentionally failing to disclose her own delinquent debts. She admitted to concealing these debts out of fear of not being hired. Although an unpaid judgment was found to be her father's responsibility, her lack of candor regarding her personal financial obligations was a significant factor.

The judge determined that the applicant's financial irresponsibility and failure to disclose her debts raised substantial doubts about her reliability and trustworthiness. Despite some mitigating conditions, the applicant's financial issues were not fully resolved, and her lack of candor ultimately led to the denial of her security clearance.

Why the Applicant Was Denied

The applicant had 20 delinquent debts totaling about $24,962, indicating financial irresponsibility.
The applicant failed to disclose her delinquent debts on her security clearance application, demonstrating a lack of candor.
The applicant's financial issues were not fully mitigated by her claims of family debts or recent payments.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts

Mitigating

AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue CreditorsThe applicant resolved several debts after being questioned about them.
AG ¶ 20(e)appliedDispute of Legitimacy of Past-due DebtThe applicant established that some debts were incurred by family members.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”

Procedural Posture

SOR issuedDec 19, 2008
Answer filedJan 14, 2009
Hearing heldApr 2, 2009
Decision dateMay 12, 2009

Cite For

Denial Based on Financial Irresponsibility Under Guideline F
Lack of Candor in Security Clearance Applications Under Guideline E
Mitigating Conditions Related to Family Debts and Good-faith Efforts to Resolve Debts

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	The SOR alleges Applicant falsified her security clearance application by answering “no” to three questions about her financial history and failing to disclose her delinquent debts and an unpaid judgment.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Financial	Denied	—	—	—
2.b	The unpaid judgment was entered against Applicant’s father and was not her responsibility, but she admitted she intentionally concealed her own delinquent debts for fear of not being hired.	For Applicant	Falsification Security FormFOUND DELIBERATE	Financial	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The SOR alleges Applicant falsified her security clearance application by answering “no” to three questions about her financial history and failing to disclose her delinquent debts and an unpaid judgment.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Financial

Denied

—

2.b

The unpaid judgment was entered against Applicant’s father and was not her responsibility, but she admitted she intentionally concealed her own delinquent debts for fear of not being hired.

For Applicant

Falsification Security FormFOUND DELIBERATE

Financial

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Satellite Dish $832 Paid $832	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	—
1.b	Tuition $813 Paid $813	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	—
1.c	Cell Phone $426 Unpaid $426	Against Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.d	Computer $1,935 Unpaid $1,935	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.e	Credit Card $19 Unpaid $19	Against Applicant	Credit Card Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.f	Tuition $5,820 Unpaid $5,820	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.g	Tax Lien $595 Father's debt $595	For Applicant	Tax Unpaid	Unknown	—	(e) reasonable, documented basis to dispute the debt	—
1.h	Credit Card (judgment) $2,568 Father's debt $2,568	For Applicant	Credit Card Debt	Unknown	—	(e) reasonable, documented basis to dispute the debt	—
1.i	Credit Card $1,209 Paid $1,209	For Applicant	Credit Card Debt	Unknown	—	(d) good-faith effort to repay or otherwise resolve debts	—
1.j	Credit Card $1,801 Settled $1,801	For Applicant	Credit Card Debt	Unknown	—	(d) good-faith effort to repay or otherwise resolve debts	—
1.k	Credit Card $1,986 Mother's debt $1,986	For Applicant	Credit Card Debt	Unknown	—	(e) reasonable, documented basis to dispute the debt	—
1.l	Credit Card $1,521 Father's debt $1,521	For Applicant	Credit Card Debt	Unknown	—	(e) reasonable, documented basis to dispute the debt	—
1.m	Cell Phone $314 Same as 1.q $314	Unknown	Utility or Phone Debt	Unknown	—	—	—
1.n	Cell Phone $1,081 Brother's debt $1,081	For Applicant	Utility or Phone Debt	Unknown	—	(e) reasonable, documented basis to dispute the debt	—
1.o	Tuition $1,968 Brother's debt $1,968	For Applicant	Unspecified Financial	Unknown	—	(e) reasonable, documented basis to dispute the debt	—
1.p	Credit Card $417 Unpaid $417	Against Applicant	Credit Card Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.q	Cell Phone $197 Paid $197	For Applicant	Utility or Phone Debt	Unknown	—	(d) good-faith effort to repay or otherwise resolve debts	—
1.r	Cell Phone $583 Unpaid $583	Against Applicant	Utility or Phone Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.s	Medical Bill $50 Unpaid $50	Against Applicant	Medical Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.t	Student Loan $827 Brother's debt $827	For Applicant	Student Loan Debt	Unknown	—	(e) reasonable, documented basis to dispute the debt	—
1.u–1.cz	84 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Satellite Dish $832 Paid

$832

For Applicant

Unspecified Financial

Admitted

—

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

—

1.b

Tuition $813 Paid

$813

For Applicant

Unspecified Financial

Admitted

—

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

—

1.c

Cell Phone $426 Unpaid

$426

Against Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.d

Computer $1,935 Unpaid

$1,935

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.e

Credit Card $19 Unpaid

$19

Against Applicant

Credit Card Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.f

Tuition $5,820 Unpaid

$5,820

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.g

Tax Lien $595 Father's debt

$595

For Applicant

Tax Unpaid

Unknown

—

(e) reasonable, documented basis to dispute the debt

—

1.h

Credit Card (judgment) $2,568 Father's debt

$2,568

For Applicant

Credit Card Debt

Unknown

—

(e) reasonable, documented basis to dispute the debt

—

1.i

Credit Card $1,209 Paid

$1,209

For Applicant

Credit Card Debt

Unknown

—

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

—

1.j

Credit Card $1,801 Settled

$1,801

For Applicant

Credit Card Debt

Unknown

—

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

—

1.k

Credit Card $1,986 Mother's debt

$1,986

For Applicant

Credit Card Debt

Unknown

—

(e) reasonable, documented basis to dispute the debt

—

1.l

Credit Card $1,521 Father's debt

$1,521

For Applicant

Credit Card Debt

Unknown

—

(e) reasonable, documented basis to dispute the debt

—

1.m

Cell Phone $314 Same as 1.q

$314

Unknown

Utility or Phone Debt

Unknown

—

1.n

Cell Phone $1,081 Brother's debt

$1,081

For Applicant

Utility or Phone Debt

Unknown

—

(e) reasonable, documented basis to dispute the debt

—

1.o

Tuition $1,968 Brother's debt

$1,968

For Applicant

Unspecified Financial

Unknown

—

(e) reasonable, documented basis to dispute the debt

—

1.p

Credit Card $417 Unpaid

$417

Against Applicant

Credit Card Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.q

Cell Phone $197 Paid

$197

For Applicant

Utility or Phone Debt

Unknown

—

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

—

1.r

Cell Phone $583 Unpaid

$583

Against Applicant

Utility or Phone Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.s

Medical Bill $50 Unpaid

$50

Against Applicant

Medical Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.t

Student Loan $827 Brother's debt

$827

For Applicant

Student Loan Debt

Unknown

—

(e) reasonable, documented basis to dispute the debt

—

1.u–1.cz

84 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

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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