ISCR Case 09-00146.h1

Case Headnote

ISCR Case No. 09-00146.h1

deniedJul 1, 2009· Hon. Roger C. Wesley· hearing

Summary

A 35-year-old electrician for a defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant had accumulated 35 debts totaling over $106,000, many stemming from medical bills related to 2003 and 2006 accidents. He consulted a bankruptcy attorney in 2010 and filed a Chapter 7 petition, but his financial obligations continued to increase without concrete plans for avoiding future setbacks.

Additionally, the applicant had a history of alcohol-related and criminal conduct. He was arrested and charged with DUI in November 2001, which was later amended to reckless driving, resulting in a fine, driving school, and community service. In May 2009, he was again arrested and charged with DUI and reckless driving, leading to a fine, two days in jail, a victim impact panel, and an alcohol abuse course. His criminal record also included dismissed domestic violence charges from 1996 and 1997, and he had faced six various charges between 1994 and 2009.

A significant personal conduct concern arose from his omission of marijuana use in 2006 on his security clearance application (E-QIP). Despite acknowledging his debts and past substance use, the applicant failed to provide sufficient evidence of rehabilitation or financial responsibility, leading to the denial of his security clearance.

Why the Applicant Was Denied

Applicant failed to mitigate security concerns regarding his finances, alcohol issues, criminal conduct, and personal conduct.
He accumulated 35 debts exceeding $106,000, demonstrating an inability to manage his financial obligations.
His history of alcohol-related offenses and criminal conduct raised significant doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 30raisedCriminal Conduct
AG ¶ 21raisedAlcohol Consumption
AG ¶ 15raisedPersonal Conduct

Key Rule Quoted

“Failure of the applicant to make concerted efforts to pay or resolve his debts when able to do so raises security-significant concerns about the sufficiency of the applicant’s demonstrated trust and judgment necessary to safeguard classified information.”
— Snepp v. United States, 444 U.S. 507, 511 n.6 (1980)

Procedural Posture

SOR issuedJul 16, 2010
Answer filedJul 1, 2010undated response to SOR
Hearing heldNov 18, 2010
Decision dateApr 11, 2011

Cite For

Failure to Mitigate Financial Concerns Under Guideline F
Recurrent History of Alcohol-related Offenses Under Guideline G
Issues of Personal Conduct and Reliability 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	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
4.a	Applicant omitted his most recent use of marijuana in 2006 on his security clearance application (E-QIP).	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

Applicant omitted his most recent use of marijuana in 2006 on his security clearance application (E-QIP).

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant allegedly accumulated 35 debts exceeding $106,000. $106,000	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.b	Many of the delinquent accounts listed in Applicant’s credit reports represent medical bills associated with his 2003 and 2006 accidents.	Against Applicant	Medical Debt	Admitted	—	—	—
1.c	Applicant consulted a bankruptcy attorney in 2010 and filed a Chapter 7 petition.	Against Applicant	Bankruptcy Filing	Admitted	—	—	—
1.d	Applicant's financial obligations have increased, and he has no concrete plans for avoiding recurrent financial setbacks in the foreseeable future.	Against Applicant	Unspecified Financial	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant allegedly accumulated 35 debts exceeding $106,000.

$106,000

Against Applicant

Unspecified Financial

Admitted

—

1.b

Many of the delinquent accounts listed in Applicant’s credit reports represent medical bills associated with his 2003 and 2006 accidents.

Against Applicant

Medical Debt

Admitted

—

1.c

Applicant consulted a bankruptcy attorney in 2010 and filed a Chapter 7 petition.

Against Applicant

Bankruptcy Filing

Admitted

—

1.d

Applicant's financial obligations have increased, and he has no concrete plans for avoiding recurrent financial setbacks in the foreseeable future.

Against Applicant

Unspecified Financial

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The applicant was arrested and charged in November 2001 with DUI, convicted of the same offense (later amended to reckless driving), fined, and ordered to attend driving school and perform community service.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.b	The applicant was arrested in May 2009 and charged with DUI and reckless driving, fined, and ordered to serve two days in jail, attend a victim impact panel; and complete a course in alcohol abuse.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant was arrested and charged in November 2001 with DUI, convicted of the same offense (later amended to reckless driving), fined, and ordered to attend driving school and perform community service.

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.b

The applicant was arrested in May 2009 and charged with DUI and reckless driving, fined, and ordered to serve two days in jail, attend a victim impact panel; and complete a course in alcohol abuse.

Against Applicant

DUI or DWI Alcohol

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	In November 2001, he was arrested and charged with DUI, convicted of the same offense (later amended to reckless driving), fined, and ordered to attend driving school and perform community service.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
3.b	In May 2009, Applicant was arrested and charged with DUI and reckless driving, fined, and ordered to serve two days in jail, attend a victim impact panel; and complete a course in alcohol abuse.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
3.c	In September 1996, Applicant was arrested for domestic violence following his girlfriend’s filing of a police report that he struck her. Applicant denied the charges, and they were ultimately dismissed.	For Applicant	Domestic Violence	Acquitted or Found Not Guilty	Denied	—	—	—
3.d	In May 1997, Applicant was arrested for domestic battery. His middle-son’s mother attempted to stab him during their argument. Applicant denied these 1997 battery charges, and they, too, were dismissed.	For Applicant	Domestic Violence	Acquitted or Found Not Guilty	Denied	—	—	—
3.e	Applicant was charged with various offenses (six in all, inclusive of his two alcohol-related offenses) between 1994 and 2009.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

In November 2001, he was arrested and charged with DUI, convicted of the same offense (later amended to reckless driving), fined, and ordered to attend driving school and perform community service.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

3.b

In May 2009, Applicant was arrested and charged with DUI and reckless driving, fined, and ordered to serve two days in jail, attend a victim impact panel; and complete a course in alcohol abuse.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

3.c

In September 1996, Applicant was arrested for domestic violence following his girlfriend’s filing of a police report that he struck her. Applicant denied the charges, and they were ultimately dismissed.

For Applicant

Domestic Violence

Acquitted or Found Not Guilty

Denied

—

3.d

In May 1997, Applicant was arrested for domestic battery. His middle-son’s mother attempted to stab him during their argument. Applicant denied these 1997 battery charges, and they, too, were dismissed.

For Applicant

Domestic Violence

Acquitted or Found Not Guilty

Denied

—

3.e

Applicant was charged with various offenses (six in all, inclusive of his two alcohol-related offenses) between 1994 and 2009.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

—

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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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES