ISCR Case 09-02258.h1

Case Headnote

ISCR Case No. 09-02258.h1

deniedJun 30, 2010· Hon. Wilford H. Ross· hearing

Summary

A 44-year-old defense contractor was denied a security clearance due to significant financial issues and concerns about personal conduct, despite demonstrating rehabilitation from past substance abuse. The denial was based on Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct).

The applicant had over $52,000 in 27 delinquent debts, some dating back to 2002-2003, including a $1,482 judgment from 2002. He had not made good-faith efforts to pay creditors, lacked a consistent payment track record, and had not declared bankruptcy despite contemplating it. These financial difficulties, which began around 2003 and continued, raised concerns about his reliability and trustworthiness.

Additionally, the applicant provided false answers on his e-QIP, failing to disclose the 2002 judgment and a 2005 drug-related arrest. While he had a history of marijuana, barbiturate, and crystal amphetamine use, which ended in 2005 after his last drug arrest, and successfully completed a year-long drug treatment program, his unresolved financial situation was deemed a risk for future misconduct, leading to the denial.

Why the Applicant Was Denied

The applicant has over $52,000 in delinquent debts, which he has not paid or made efforts to resolve.
The applicant's financial difficulties are recent and ongoing, raising concerns 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 ¶ 25(a)raisedAny Drug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

AG ¶ 20(a)rejectedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to RecurThe applicant's financial difficulties are ongoing and recent.
AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was Infrequent, or Unlikely to RecurThe applicant has not used drugs since 2005.
AG ¶ 23(a)appliedSo Much Time Has Passed or Behavior Was InfrequentThe applicant has not consumed alcohol since 2005.
AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior HappenedThe applicant's last criminal conduct was in 2005.
AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant has demonstrated rehabilitation from drug and alcohol abuse.

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 issuedJul 21, 2009
Answer filedAug 6, 2009
Hearing heldOct 21, 2009
Decision dateJun 30, 2010

Cite For

Financial Overextension as a Disqualifying Condition Under Guideline F
Successful Rehabilitation From Substance Abuse Under Guidelines H and G
The Importance of Resolving Financial Issues for Security Clearance Eligibility

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
5.a	In 2008, the Applicant filled out an Electronic Questionnaire for Investigations Processing (e-QIP). Question 27 asks the Applicant if, in the last seven years, he had any judgments against him that had not been paid. The Applicant answered “No.” This was an incorrect answer, as in January 2002 a judgment had been entered against the Applicant in the amount of $1,482 by the landlord of an apartment building.	For Applicant	Omission or Failure to Disclose	Financial	Admitted	—	—	—
5.b	Question 23 of Government Exhibit 1 consists of six subquestions, 23.a. through 23.f. Applicant answered “Yes” to subquestion 23.a., and discussed his 2005 arrest for Possession of Drugs, discussed above under SOR 2.a. Subquestion 23.d. asks the Applicant whether he had ever been charged with or convicted of any offense(s) related to alcohol or drugs. He answered “No.” This was a false answer to a relevant question concerning the Applicant’s arrest history.	For Applicant	Lack of Candor in Interview	Criminal Conduct	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

5.a

In 2008, the Applicant filled out an Electronic Questionnaire for Investigations Processing (e-QIP). Question 27 asks the Applicant if, in the last seven years, he had any judgments against him that had not been paid. The Applicant answered “No.” This was an incorrect answer, as in January 2002 a judgment had been entered against the Applicant in the amount of $1,482 by the landlord of an apartment building.

For Applicant

Omission or Failure to Disclose

Financial

Admitted

—

5.b

Question 23 of Government Exhibit 1 consists of six subquestions, 23.a. through 23.f. Applicant answered “Yes” to subquestion 23.a., and discussed his 2005 arrest for Possession of Drugs, discussed above under SOR 2.a. Subquestion 23.d. asks the Applicant whether he had ever been charged with or convicted of any offense(s) related to alcohol or drugs. He answered “No.” This was a false answer to a relevant question concerning the Applicant’s arrest history.

For Applicant

Lack of Candor in Interview

Criminal Conduct

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	In January 2002 a judgment had been entered against the Applicant in the amount of $1,482 by the landlord of an apartment building. $1,482	Against Applicant	Judgment Against Applicant	Admitted	—	—	—
1.b	The SOR alleges, and Government exhibits substantiate, 27 delinquent debts totaling $52,657. $52,657	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.c	Some of these debts have been due and owing since 2002-2003.	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.d	Applicant has not initiated a good-faith effort to pay off his creditors.	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.e	There is no track record of his making payments for a consistent period of time.	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.f	Applicant has contemplated declaring bankruptcy, but has not done so as of the date of the hearing.	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.g	Applicant's financial difficulties arose recently, starting about 2003, and continue to the present.	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.h	Applicant has failed to provide any evidence that he is paying any of his debts, or has any plan to do so.	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.i	Given the fact that he is $52,000 in debt, I cannot find that 'there are clear indications that the problem is being resolved or is under control.'	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.j–1.aa	18 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

In January 2002 a judgment had been entered against the Applicant in the amount of $1,482 by the landlord of an apartment building.

$1,482

Against Applicant

Judgment Against Applicant

Admitted

—

1.b

The SOR alleges, and Government exhibits substantiate, 27 delinquent debts totaling $52,657.

$52,657

Against Applicant

Unspecified Financial

Admitted

—

1.c

Some of these debts have been due and owing since 2002-2003.

Against Applicant

Unspecified Financial

Admitted

—

1.d

Applicant has not initiated a good-faith effort to pay off his creditors.

Against Applicant

Unspecified Financial

Admitted

—

1.e

There is no track record of his making payments for a consistent period of time.

Against Applicant

Unspecified Financial

Admitted

—

1.f

Applicant has contemplated declaring bankruptcy, but has not done so as of the date of the hearing.

Against Applicant

Unspecified Financial

Admitted

—

1.g

Applicant's financial difficulties arose recently, starting about 2003, and continue to the present.

Against Applicant

Unspecified Financial

Admitted

—

1.h

Applicant has failed to provide any evidence that he is paying any of his debts, or has any plan to do so.

Against Applicant

Unspecified Financial

Admitted

—

1.i

Given the fact that he is $52,000 in debt, I cannot find that 'there are clear indications that the problem is being resolved or is under control.'

Against Applicant

Unspecified Financial

Admitted

—

1.j–1.aa

18 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	The Government alleges in Paragraph 3 that the Applicant is ineligible for clearance because he uses intoxicants to excess.	For Applicant	Binge or Intoxication Pattern	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	Credited Abstinence Period Documented
3.b–3.f	5 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

The Government alleges in Paragraph 3 that the Applicant is ineligible for clearance because he uses intoxicants to excess.

For Applicant

Binge or Intoxication Pattern

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

Credited

Abstinence Period Documented

3.b–3.f

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

For Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	The Applicant used marijuana for several years.	For Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
2.b	The Applicant used barbiturates for several years.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
2.c	The Applicant used crystal amphetamine for several years.	For Applicant	Methamphetamine	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
2.d	The Applicant's drug use ended in 2005, upon his last drug related arrest.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
2.e	The Applicant has credibly and repeatedly expressed his determination not to use illegal drugs in the future.	For Applicant	Stated Intent to Use Again	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
2.f	The Applicant successfully attended a year long drug treatment program, and the charges were dismissed.	For Applicant	Treatment Failure	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

The Applicant used marijuana for several years.

For Applicant

Marijuana

Regular

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

—

2.b

The Applicant used barbiturates for several years.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

—

2.c

The Applicant used crystal amphetamine for several years.

For Applicant

Methamphetamine

Regular

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

—

2.d

The Applicant's drug use ended in 2005, upon his last drug related arrest.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

—

2.e

The Applicant has credibly and repeatedly expressed his determination not to use illegal drugs in the future.

For Applicant

Stated Intent to Use Again

Not Applicable

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

—

2.f

The Applicant successfully attended a year long drug treatment program, and the charges were dismissed.

For Applicant

Treatment Failure

Not Applicable

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
4.a	The Applicant has been involved in a series of alcohol and drug related arrests.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Rehabilitation Evidence
4.b	The Applicant's conduct, as set forth under subparagraphs 2.a. through 2.e., and 3.a. through 3.f., below, is also criminal conduct.	For Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Rehabilitation Evidence

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

4.a

The Applicant has been involved in a series of alcohol and drug related arrests.

For Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

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

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

Rehabilitation Evidence

4.b

The Applicant's conduct, as set forth under subparagraphs 2.a. through 2.e., and 3.a. through 3.f., below, is also criminal conduct.

For Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

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

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

Rehabilitation Evidence

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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