ISCR Case 09-02007.h1

Case Headnote

ISCR Case No. 09-02007.h1

deniedApr 16, 2010· Hon. Shari Dam· hearing

Summary

A 40-year-old former U.S. Marine and current business owner was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The Statement of Reasons alleged the applicant falsified his SF-86 by failing to disclose four debts, including a medical debt, delinquent child support, and an automobile lease, while admitting to a $50,439 bank debt. The applicant denied owing the medical, child support, and automobile lease debts.

Additionally, the applicant had a history of criminal arrests and convictions dating back to 1989. These included multiple charges related to driving while intoxicated or under the influence, reckless driving, and furnishing alcohol to minors during his time in the Marines. He also faced Non-Judicial Punishment for assault and wrongful appropriation of a bicycle. More recent incidents included a 2004 public intoxication charge, a 2007 dismissed assault charge involving his daughter, and a 2008 disorderly conduct charge for which he pleaded guilty in 2009.

The judge determined that the applicant's failure to resolve four delinquent debts totaling $64,289 demonstrated a lack of priority in addressing financial obligations. Furthermore, his history of multiple criminal offenses, including recent charges, raised significant questions about his judgment and reliability. Despite mitigating factors related to personal conduct, the security clearance was ultimately denied.

Why the Applicant Was Denied

The applicant failed to resolve four delinquent debts totaling $64,289, indicating a lack of priority in addressing financial obligations.
The applicant has a history of multiple criminal offenses, including recent charges that raise questions about his judgment and reliability.

Conditions Referenced

Disqualifying

F1raisedFinancial ConsiderationsThe applicant admitted to unresolved debts, indicating an inability or unwillingness to satisfy debts.
J1raisedCriminal ConductThe applicant has a history of multiple criminal offenses, raising concerns about his judgment and reliability.

Mitigating

E2appliedPersonal ConductThe applicant demonstrated intent to be truthful during the security clearance process, as he candidly disclosed a recent offense.

Key Rule Quoted

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

Procedural Posture

SOR issuedOct 2, 2009
Answer filedOct 30, 2009
Hearing heldJan 26, 2010
Decision dateApr 16, 2010

Cite For

Evaluation of Unresolved Financial Obligations Under Guideline F
Impact of Criminal History on Security Clearance Eligibility Under Guideline J
Consideration of Personal Conduct in the Context of Overall Judgment and Reliability Under Guideline E

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
3.a	In response to "Section 28. Financial Delinquencies: Your Financial Delinquencies: a. In the last 7 years, have you been over 180 days delinquent on any debt(s)," and "Section 28: b. Are you currently over 90 days delinquent on any debts(s)," he answered "No." He did not list the medical debt, delinquent child support, or the automobile debt, which were alleged in the SOR.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Financial	Denied	—	—	—
3.b	The Government alleged in SOR ¶¶ 3(a) and 3(b) that Applicant falsified his answers to two questions on the SF 86 because he did not disclose four debts.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Financial	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

In response to "Section 28. Financial Delinquencies: Your Financial Delinquencies: a. In the last 7 years, have you been over 180 days delinquent on any debt(s)," and "Section 28: b. Are you currently over 90 days delinquent on any debts(s)," he answered "No." He did not list the medical debt, delinquent child support, or the automobile debt, which were alleged in the SOR.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Financial

Denied

—

3.b

The Government alleged in SOR ¶¶ 3(a) and 3(b) that Applicant falsified his answers to two questions on the SF 86 because he did not disclose four debts.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Financial

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant denied owing the $150 medical debt alleged in SOR ¶ 1.a, which became due in December 2007. $150	Against Applicant	Medical Debt	Denied	(a) inability to satisfy debts	—	—
1.b	Applicant denied owing the child support debt of $8,084, alleged in SOR ¶ 1.b and noted on a CBR as delinquent as of January 2008. $8,084	Against Applicant	Child Support Debt	Denied	(a) inability to satisfy debts	—	—
1.c	Applicant admitted that he owes a bank $50,439 for the debt alleged in SOR ¶ 1.c. $50,439	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts	—	—
1.d	Applicant denied the $5,616 debt alleged in SOR ¶ 1.d, which involved a three-year car lease that he obtained in August 2004. $5,616	Against Applicant	Auto Loan Debt	Denied	(a) inability to satisfy debts	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant denied owing the $150 medical debt alleged in SOR ¶ 1.a, which became due in December 2007.

$150

Against Applicant

Medical Debt

Denied

(a) inability to satisfy debts

—

1.b

Applicant denied owing the child support debt of $8,084, alleged in SOR ¶ 1.b and noted on a CBR as delinquent as of January 2008.

$8,084

Against Applicant

Child Support Debt

Denied

(a) inability to satisfy debts

—

1.c

Applicant admitted that he owes a bank $50,439 for the debt alleged in SOR ¶ 1.c.

$50,439

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

—

1.d

Applicant denied the $5,616 debt alleged in SOR ¶ 1.d, which involved a three-year car lease that he obtained in August 2004.

$5,616

Against Applicant

Auto Loan Debt

Denied

(a) inability to satisfy debts

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant has a history of criminal arrests and convictions, beginning in 1989, while on active duty with the Marines. In May 1989, when he was 20 years old, he was arrested and charged with Driving while Intoxicated. He pleaded guilty to the lesser charge of Reckless Driving and was fined $125.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
2.b	In February 1990, he was arrested and charged with (1) Driving Under the Influence, and (2) Furnishing, Purchasing, and Possession of Alcoholic Beverages by Persons Below Legal Age. He pleaded Nolo Contendre to both counts and was fined $350.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
2.c	In June 1990, he received Non Judicial Punishment (NJP), under Article 15 of the Uniform Code of Military Justice (UCMJ), after he was charged with Assault of another Marine. He was awarded seven days of extra duty.	Against Applicant	Assault or Battery	Conduct No Charge	Admitted	—	—	—
2.d	In September 1990, he was arrested and charged with wrongful appropriation of a bicycle. He received NJP and was awarded seven days of extra duties.	Against Applicant	Theft or Larceny	Conduct No Charge	Admitted	—	—	—
2.e	In February 2004, Applicant was arrested and charged with Public Intoxication, a misdemeanor. He pleaded guilty and was fined $90.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
2.f	In January 2007, he was arrested and charged with Assault-Cause Fear of Physical Injury, a misdemeanor, after he became involved in a verbal argument with his oldest daughter who was living with him. The charges were later dismissed.	Against Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	—	—	—
2.g	In July 2008, he was charged with Disorderly Conduct/Language/Gesture, after he kicked another person’s car that came close to striking his children in a parking lot. He was not arrested at the time of incident. In March 2009, he pleaded guilty to Disorderly Conduct/Language/Gesture and was fined.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant has a history of criminal arrests and convictions, beginning in 1989, while on active duty with the Marines. In May 1989, when he was 20 years old, he was arrested and charged with Driving while Intoxicated. He pleaded guilty to the lesser charge of Reckless Driving and was fined $125.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

2.b

In February 1990, he was arrested and charged with (1) Driving Under the Influence, and (2) Furnishing, Purchasing, and Possession of Alcoholic Beverages by Persons Below Legal Age. He pleaded Nolo Contendre to both counts and was fined $350.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

2.c

In June 1990, he received Non Judicial Punishment (NJP), under Article 15 of the Uniform Code of Military Justice (UCMJ), after he was charged with Assault of another Marine. He was awarded seven days of extra duty.

Against Applicant

Assault or Battery

Conduct No Charge

Admitted

—

2.d

In September 1990, he was arrested and charged with wrongful appropriation of a bicycle. He received NJP and was awarded seven days of extra duties.

Against Applicant

Theft or Larceny

Conduct No Charge

Admitted

—

2.e

In February 2004, Applicant was arrested and charged with Public Intoxication, a misdemeanor. He pleaded guilty and was fined $90.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

2.f

In January 2007, he was arrested and charged with Assault-Cause Fear of Physical Injury, a misdemeanor, after he became involved in a verbal argument with his oldest daughter who was living with him. The charges were later dismissed.

Against Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

—

2.g

In July 2008, he was charged with Disorderly Conduct/Language/Gesture, after he kicked another person’s car that came close to striking his children in a parking lot. He was not arrested at the time of incident. In March 2009, he pleaded guilty to Disorderly Conduct/Language/Gesture and was fined.

Against Applicant

Unspecified Criminal Conduct

Convicted

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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES