ISCR Case 10-01678.h1

Case Headnote

ISCR Case No. 10-01678.h1

deniedAug 23, 2011· Hon. Darlene Lokey Anderson· hearing

Summary

A 33-year-old defense contractor was denied a security clearance due to concerns under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant had a history of alcohol abuse from approximately 1991 until at least February 2009, leading to at least four arrests over a ten-year period. These arrests included three for Driving Under the Influence (DUI) and one for domestic violence, with the most recent DUI arrest occurring in 2009, which resulted in his termination from a previous job.

Additionally, the applicant faced significant financial difficulties, with numerous delinquent debts. While he admitted to most of these debts and demonstrated efforts to resolve them, including paying off or satisfying all but two, and entering an installment agreement for an $8,169 debt, these efforts were not sufficient to mitigate the overall security concerns.

The judge determined that the applicant's extensive history of criminal conduct and alcohol-related incidents, despite some efforts to address his financial issues and alcohol dependence, raised significant concerns about his reliability and trustworthiness. Consequently, the application for a security clearance was denied.

Why the Applicant Was Denied

The applicant has a long history of alcohol abuse, including multiple DUI arrests and a domestic violence incident.
The applicant's criminal conduct and alcohol-related incidents demonstrate poor judgment and unreliability.
Despite some recent efforts to address his financial issues, the applicant's past behavior raises significant security concerns.

Conditions Referenced

Disqualifying

19(a)raisedInability or Unwillingness to Satisfy Debts
19(c)raisedA History of Not Meeting Financial Obligations
31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
31(c)raisedAllegation or Admission of Criminal Conduct
22(a)raisedAlcohol-related Incidents Away From Work
22(c)raisedHabitual or Binge Consumption of Alcohol
22(e)raisedEvaluation of Alcohol Abuse or Dependence

Mitigating

20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
20(d)appliedThe Individual Has Initiated a Good Faith Effort to Repay Overdue Creditors

Key Rule Quoted

“The adjudicative process is the careful weighing of a number of variables known as the whole-person concept.”

Procedural Posture

SOR issuedDec 22, 2010
Answer filedJan 21, 2011
Hearing heldMar 16, 2011
Decision dateAug 23, 2011

Cite For

Denial Based on Extensive History of Alcohol Abuse and Criminal Conduct Under Guidelines G and J
Mitigating Conditions Applied but Insufficient to Overcome Disqualifying Conditions
Whole-person Concept in Evaluating 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	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	The Applicant is ineligible for clearance because he is financially overextended and at risk of having to engage in illegal acts to generate funds.	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full Documented Debt Paid in Full
1.b	The Applicant admits to each of the delinquent debts set forth in the SOR, except 1(d), 1(k) and 1(m).	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full Documented Debt Paid in Full Documented Debt Paid in Full Documented Debt Paid in Full Documented Debt Paid in Full Documented Debt Paid in Full Documented Debt Paid in Full Documented Debt Paid in Full
1.c	The Applicant submitted a debt payment schedule indicating that he has paid off or satisfied all but two of the delinquent debts listed in the SOR.	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full Documented Debt Paid in Full Documented Debt Paid in Full Documented Debt Paid in Full Documented Debt Paid in Full Documented Debt Paid in Full Documented Debt Paid in Full Documented Debt Paid in Full
1.d	The Applicant owed a delinquent debt to a creditor in the amount of $98.00. The debt was paid on January 7, 2011. $98	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.e	The Applicant owed a delinquent debt to a creditor in the amount of $1,250.00. The debt has been paid in full. $1,250	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.f	The Applicant owed a delinquent debt to a creditor in the amount of $1,220.00. The debt was paid in full. $1,220	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.g	The Applicant owed a delinquent debt to a creditor in the amount of $950.00. The debt has been paid in full. $950	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.h	The Applicant owed a delinquent debt to a creditor in the amount of $259.00. The debt was paid in full on February 21, 2001. $259	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.i	The Applicant owed a delinquent debt to a creditor in the amount of $100.00. The debt was paid in full on February 23, 2011. $100	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.j	The Applicant owed a delinquent debt to a creditor in the amount of $101.00. The debt has been paid in full. $101	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.k	The Applicant owed a delinquent debt to a creditor in the amount of $8,169.00. The Applicant entered into an installment agreement and is paying the debt each month through $200.00 allotments to be withdrawn from his checking account. $8,169	For Applicant	Unspecified Financial	Unknown	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Payment Plan with Creditor
1.l	The Applicant owed a delinquent debt to a creditor in the amount of $1,001.00. The debt has been paid in full. $1,001	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.m	The Applicant owed a delinquent debt to a creditor in the amount of $398.00. The debt has been paid in full. $398	For Applicant	Unspecified Financial	Unknown	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.n	The Applicant owed a delinquent debt to a creditor in the amount of $660.00. The debt has been paid in full. $660	For Applicant	Unspecified Financial	Unknown	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.o	The Applicant owed a delinquent debt to a creditor in the amount of $207.00. The Applicant has satisfied the debt. $207	For Applicant	Unspecified Financial	Unknown	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.p	The Applicant owed a delinquent debt to a creditor in the amount of $487.00. The debt was paid in full. $487	For Applicant	Unspecified Financial	Unknown	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.q	The Applicant owed a delinquent debt to a creditor in the amount of $157.00. The debt was paid in full on January 21, 2011. $157	For Applicant	Unspecified Financial	Unknown	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

The Applicant is ineligible for clearance because he is financially overextended and at risk of having to engage in illegal acts to generate funds.

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(c) received/receiving counseling; problem being resolved

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

Documented

Debt Paid in Full

Documented

Debt Paid in Full

1.b

The Applicant admits to each of the delinquent debts set forth in the SOR, except 1(d), 1(k) and 1(m).

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(c) received/receiving counseling; problem being resolved

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

Documented

Debt Paid in Full

Documented

Debt Paid in Full

Documented

Debt Paid in Full

Documented

Debt Paid in Full

Documented

Debt Paid in Full

Documented

Debt Paid in Full

Documented

Debt Paid in Full

Documented

Debt Paid in Full

1.c

The Applicant submitted a debt payment schedule indicating that he has paid off or satisfied all but two of the delinquent debts listed in the SOR.

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(c) received/receiving counseling; problem being resolved

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

Documented

Debt Paid in Full

Documented

Debt Paid in Full

Documented

Debt Paid in Full

Documented

Debt Paid in Full

Documented

Debt Paid in Full

Documented

Debt Paid in Full

Documented

Debt Paid in Full

Documented

Debt Paid in Full

1.d

The Applicant owed a delinquent debt to a creditor in the amount of $98.00. The debt was paid on January 7, 2011.

$98

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.e

The Applicant owed a delinquent debt to a creditor in the amount of $1,250.00. The debt has been paid in full.

$1,250

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.f

The Applicant owed a delinquent debt to a creditor in the amount of $1,220.00. The debt was paid in full.

$1,220

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.g

The Applicant owed a delinquent debt to a creditor in the amount of $950.00. The debt has been paid in full.

$950

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.h

The Applicant owed a delinquent debt to a creditor in the amount of $259.00. The debt was paid in full on February 21, 2001.

$259

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.i

The Applicant owed a delinquent debt to a creditor in the amount of $100.00. The debt was paid in full on February 23, 2011.

$100

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.j

The Applicant owed a delinquent debt to a creditor in the amount of $101.00. The debt has been paid in full.

$101

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.k

The Applicant owed a delinquent debt to a creditor in the amount of $8,169.00. The Applicant entered into an installment agreement and is paying the debt each month through $200.00 allotments to be withdrawn from his checking account.

$8,169

For Applicant

Unspecified Financial

Unknown

—

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

Documented

Payment Plan with Creditor

1.l

The Applicant owed a delinquent debt to a creditor in the amount of $1,001.00. The debt has been paid in full.

$1,001

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.m

The Applicant owed a delinquent debt to a creditor in the amount of $398.00. The debt has been paid in full.

$398

For Applicant

Unspecified Financial

Unknown

—

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

Documented

Debt Paid in Full

1.n

The Applicant owed a delinquent debt to a creditor in the amount of $660.00. The debt has been paid in full.

$660

For Applicant

Unspecified Financial

Unknown

—

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

Documented

Debt Paid in Full

1.o

The Applicant owed a delinquent debt to a creditor in the amount of $207.00. The Applicant has satisfied the debt.

$207

For Applicant

Unspecified Financial

Unknown

—

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

Documented

Debt Paid in Full

1.p

The Applicant owed a delinquent debt to a creditor in the amount of $487.00. The debt was paid in full.

$487

For Applicant

Unspecified Financial

Unknown

—

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

Documented

Debt Paid in Full

1.q

The Applicant owed a delinquent debt to a creditor in the amount of $157.00. The debt was paid in full on January 21, 2011.

$157

For Applicant

Unspecified Financial

Unknown

—

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

Documented

Debt Paid in Full

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	The Government alleges that the Applicant is ineligible for clearance because he abuses intoxicants.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
3.b	The Applicant admits each of the allegations set forth under these guidelines, which were be discussed together. The Applicant has abused alcohol, at times to excess, and to the point of intoxication, from approximately 1991 until at least February 2009.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
3.c	The Applicant is an alcoholic who has been arrested on at least four occasions over the past 10 years, three times for Driving Under the Influence (DUI), and once for domestic violence.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

The Government alleges that the Applicant is ineligible for clearance because he abuses intoxicants.

Against Applicant

Binge or Intoxication Pattern

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

3.b

The Applicant admits each of the allegations set forth under these guidelines, which were be discussed together. The Applicant has abused alcohol, at times to excess, and to the point of intoxication, from approximately 1991 until at least February 2009.

Against Applicant

Binge or Intoxication Pattern

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

3.c

The Applicant is an alcoholic who has been arrested on at least four occasions over the past 10 years, three times for Driving Under the Influence (DUI), and once for domestic violence.

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The Government alleges that the Applicant is ineligible for clearance because he has engaged in criminal activity that calls into question his ability or willingness to comply with laws, rules and regulations.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
2.b	The Applicant admits each of the allegations set forth under these guidelines, which were be discussed together.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
2.c	The Applicant has abused alcohol, at times to excess, and to the point of intoxication, from approximately 1991 until at least February 2009.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
2.d	From 1999 to February 2009 he was arrested on four separate occasions for alcohol related offenses.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
3.a	The Applicant is an alcoholic who has been arrested on at least four occasions over the past 10 years, three times for Driving Under the Influence (DUI), and once for domestic violence.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
3.b	His most recent arrest for DUI occurred a little over two years ago, in 2009.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
3.c	Following his most recent arrest for DUI in 2009, the Applicant was fired from his job.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The Government alleges that the Applicant is ineligible for clearance because he has engaged in criminal activity that calls into question his ability or willingness to comply with laws, rules and regulations.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

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

(c) currently on parole or probation

—

2.b

The Applicant admits each of the allegations set forth under these guidelines, which were be discussed together.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

(c) currently on parole or probation

—

2.c

The Applicant has abused alcohol, at times to excess, and to the point of intoxication, from approximately 1991 until at least February 2009.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

(c) currently on parole or probation

—

2.d

From 1999 to February 2009 he was arrested on four separate occasions for alcohol related offenses.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

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

(c) currently on parole or probation

—

3.a

The Applicant is an alcoholic who has been arrested on at least four occasions over the past 10 years, three times for Driving Under the Influence (DUI), and once for domestic violence.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

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

(c) currently on parole or probation

—

3.b

His most recent arrest for DUI occurred a little over two years ago, in 2009.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) currently on parole or probation

—

3.c

Following his most recent arrest for DUI in 2009, the Applicant was fired from his job.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

(c) currently on parole or probation

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION