ISCR Case 09-03656.h1

Case Headnote

ISCR Case No. 09-03656.h1

grantedJan 19, 2011· Hon. Martin H. Mogul· hearing

Summary

A 50-year-old retired U.S. Air Force Master Sergeant was granted a security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons (SOR) alleged that the applicant failed to disclose multiple financial judgments and delinquencies on his security clearance application (SCA). Specifically, the SOR cited three judgments filed against him in December 2006, January 2007, and May 2007, for amounts of $2,361, $1,433, and $1,874, respectively.

Additionally, the SOR listed several other overdue debts ranging from $83 to $2,758, totaling ten separate accounts. The applicant had answered "No" to SCA questions regarding unpaid judgments, being over 180 days delinquent on debts, and being over 90 days delinquent on debts at the time of completion. These allegations raised disqualifying conditions under Adjudicative Guidelines Paragraphs 19(a) and 19(c).

However, the applicant successfully demonstrated that his financial problems were largely beyond his control, stemming from circumstances such as deployment and supporting his daughter through medical issues. He took responsible steps to resolve his debts, including hiring legal representation to challenge judgments. The applicant also provided positive character references and evidence of financial stability, which supported mitigating conditions under Adjudicative Guidelines Paragraphs 20(b) and 20(d), leading to the clearance being granted.

Why the Applicant Prevailed

The applicant's financial difficulties were largely due to circumstances beyond his control, including deployment and supporting his daughter during medical issues.
The applicant took responsible actions to resolve his debts, including hiring legal representation to challenge judgments against him.
The applicant provided positive character references and evidence of financial stability, demonstrating his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(b)appliedConditions Beyond the Person's Control
AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 24, 2010
Answer filedMar 17, 2010
Hearing heldNov 24, 2010
Decision dateJan 19, 2011

Cite For

Mitigation of Financial Difficulties Under Guideline F Due to Circumstances Beyond Control
Good-faith Efforts to Resolve Debts as a Mitigating Factor
Credibility of Applicant's Testimony Regarding Personal Conduct 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
2.a	Question 27 d. of the SCA asks, “In the last 7 years have you had any judgements against you that have not been paid?” Applicant answered “No” to this question subsection. It is alleged in the SOR that he failed to disclose that he had judgements against him that had not been paid, as set forth in paragraphs 1.a., 1.c., and 1.d., as reviewed above.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	—	—	—
2.b	Question 28 a. of the SCA asks, “In the last 7 years have you been over 180 days delinquent on any debts(s)?” Applicant answered “No” to this question subsection. It is alleged in the SOR that he failed to disclose that he has been delinquent on the accounts set forth in subparagraphs 1.a. through 1.j., above.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	—	—	—
2.c	Question 28 b. of the SCA asks, “Are you currently over 90 days delinquent on any debts(s)?” Applicant answered “No” to this question subsection. It is alleged in the SOR that he failed to disclose that at the time he completed the SCA, he was over 90 days delinquent on the accounts set forth in subparagraphs 1.a. through 1.j., above.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Question 27 d. of the SCA asks, “In the last 7 years have you had any judgements against you that have not been paid?” Applicant answered “No” to this question subsection. It is alleged in the SOR that he failed to disclose that he had judgements against him that had not been paid, as set forth in paragraphs 1.a., 1.c., and 1.d., as reviewed above.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

—

2.b

Question 28 a. of the SCA asks, “In the last 7 years have you been over 180 days delinquent on any debts(s)?” Applicant answered “No” to this question subsection. It is alleged in the SOR that he failed to disclose that he has been delinquent on the accounts set forth in subparagraphs 1.a. through 1.j., above.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

—

2.c

Question 28 b. of the SCA asks, “Are you currently over 90 days delinquent on any debts(s)?” Applicant answered “No” to this question subsection. It is alleged in the SOR that he failed to disclose that at the time he completed the SCA, he was over 90 days delinquent on the accounts set forth in subparagraphs 1.a. through 1.j., above.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	This overdue debt is cited in the SOR in the amount of $2,361 for a judgement filed against him in December 2006. $2,361	For Applicant	Judgment Against Applicant	Unknown	(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	—
1.b	This overdue debt is cited in the SOR in the amount of $2,723. $2,723	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.c	This overdue debt is cited in the SOR in the amount of $1,433 for a judgement filed against him in January 2007. $1,433	For Applicant	Judgment Against Applicant	Unknown	(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	—
1.d	This overdue debt is cited in the SOR in the amount of $1,874 for a judgement filed against him in May 2007. $1,874	For Applicant	Judgment Against Applicant	Unknown	(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	—
1.e	This overdue debt is cited in the SOR in the amount of $2,317. $2,317	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.f	This overdue debt is cited in the SOR in the amount of $83. $83	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.g	This overdue debt is cited in the SOR in the amount of $2,317. $2,317	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.h	This overdue debt is cited in the SOR in the amount of $2,758. $2,758	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.i	This overdue debt is cited in the SOR in the amount of $235. $235	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.j	This overdue debt is cited in the SOR in the amount of $147. $147	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

This overdue debt is cited in the SOR in the amount of $2,361 for a judgement filed against him in December 2006.

$2,361

For Applicant

Judgment Against Applicant

Unknown

(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

—

1.b

This overdue debt is cited in the SOR in the amount of $2,723.

$2,723

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.c

This overdue debt is cited in the SOR in the amount of $1,433 for a judgement filed against him in January 2007.

$1,433

For Applicant

Judgment Against Applicant

Unknown

(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

—

1.d

This overdue debt is cited in the SOR in the amount of $1,874 for a judgement filed against him in May 2007.

$1,874

For Applicant

Judgment Against Applicant

Unknown

(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

—

1.e

This overdue debt is cited in the SOR in the amount of $2,317.

$2,317

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.f

This overdue debt is cited in the SOR in the amount of $83.

$83

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.g

This overdue debt is cited in the SOR in the amount of $2,317.

$2,317

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.h

This overdue debt is cited in the SOR in the amount of $2,758.

$2,758

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.i

This overdue debt is cited in the SOR in the amount of $235.

$235

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.j

This overdue debt is cited in the SOR in the amount of $147.

$147

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

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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