ISCR Case 10-04823.h1

Case Headnote

ISCR Case No. 10-04823.h1

grantedApr 30, 2013· Hon. Mark W. Harvey· hearing

Summary

A 41-year-old defense contractor employee was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline G (Alcohol Consumption). The Statement of Reasons cited delinquent debts totaling $48,883, primarily from child support in two states, along with a $945 apartment complex debt, a $920 collection account, and a $2,211 insurance debt. Additionally, the applicant had two arrests for operating a vehicle while under the influence (OUI) in 2006 and 2010, and a 2007 OUI conviction that resulted in a fine and a six-week alcohol class.

The applicant demonstrated significant efforts to resolve these issues. He reduced his child support arrearage in one state and was making payments on the other. The apartment complex debt was paid in early 2010, and the $920 collection account was also paid. The insurance debt was disputed and no longer appeared on his credit reports.

The judge found that the applicant's actions mitigated the security concerns. He had no alcohol-related incidents since 2010, made substantial payments on his delinquent debts, brought child support obligations to a current status, and exhibited responsible financial behavior, including receiving financial counseling. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant has not had any alcohol-related incidents since 2010.
The applicant made significant payments towards his delinquent debts and brought child support debts to a current status.
The applicant demonstrated responsible financial behavior and received financial counseling.

Conditions Referenced

Disqualifying

F.19(a)raisedInability or Unwillingness to Satisfy Debts
F.19(c)raisedA History of Not Meeting Financial Obligations
G.22(a)raisedAlcohol-related Incidents Away From Work

Mitigating

F.20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
F.20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
F.20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors
G.23(a)appliedSo Much Time Has Passed, or the Behavior Was so Infrequent, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur
G.23(b)appliedThe Individual Acknowledges His or Her Alcoholism or Issues of Alcohol Abuse

Key Rule Quoted

“Eligibility for a security clearance is predicated upon meeting the criteria contained in the adjudicative guidelines (AG).”

Procedural Posture

SOR issuedJun 15, 2012
Answer filedAug 27, 2012
Hearing heldApr 18, 2013via video teleconference
Decision dateApr 30, 2013

Cite For

Mitigation of Financial Considerations Under Guideline F Due to Proactive Debt Resolution
Mitigation of Alcohol Consumption Concerns Due to Absence of Incidents Since 2010
Application of Mitigating Conditions Based on Personal Circumstances Affecting Financial Stability

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	SOR ¶ 1.a alleges that Applicant had delinquent child support of $33,814 from state A and $10,993 from state B. He paid the balance down to $23,000 in state A, and he is making payments to address the arrearage from state B. $33,814	For Applicant	Child Support Debt	Admitted	(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	Documented Debt Paid in Full Documented Debt Settlement
1.b	specific text not stated in this decision $10,993	For Applicant	Unspecified Financial	Unknown	—	—	—
1.c	SOR ¶ 1.c alleges a $945 debt owed to an apartment complex. Applicant was evicted during a period of unemployment. Applicant paid this debt in January or February 2010. $945	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full
1.d	SOR ¶ 1.d alleges a collection account for $920. Applicant paid this debt. $920	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full
1.e	SOR ¶ 1.e alleges a delinquent insurance debt for $2,211. Applicant did not recognize this debt. He disputed it on his credit report, and it does not appear on his March 27, 2012 and April 18, 2013 credit reports. $2,211	For Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts	(e) reasonable, documented basis to dispute the debt	Documented Debt Disputed with Creditor

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

SOR ¶ 1.a alleges that Applicant had delinquent child support of $33,814 from state A and $10,993 from state B. He paid the balance down to $23,000 in state A, and he is making payments to address the arrearage from state B.

$33,814

For Applicant

Child Support Debt

Admitted

(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

Documented

Debt Paid in Full

Documented

Debt Settlement

1.b

specific text not stated in this decision

$10,993

For Applicant

Unspecified Financial

Unknown

—

1.c

SOR ¶ 1.c alleges a $945 debt owed to an apartment complex. Applicant was evicted during a period of unemployment. Applicant paid this debt in January or February 2010.

$945

For Applicant

Unspecified Financial

Admitted

—

Documented

Debt Paid in Full

1.d

SOR ¶ 1.d alleges a collection account for $920. Applicant paid this debt.

$920

For Applicant

Unspecified Financial

Admitted

—

Documented

Debt Paid in Full

1.e

SOR ¶ 1.e alleges a delinquent insurance debt for $2,211. Applicant did not recognize this debt. He disputed it on his credit report, and it does not appear on his March 27, 2012 and April 18, 2013 credit reports.

$2,211

For Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(e) reasonable, documented basis to dispute the debt

Documented

Debt Disputed with Creditor

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	In 2006, Applicant was arrested for operating a vehicle while under the influence of alcohol (OUI) and some traffic offenses.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.b	In 2010, Applicant was arrested for OUI and some traffic offenses.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.c	In 2007, he was convicted of OUI, sentenced to pay a fine, and required to attend a six-week alcohol class.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

In 2006, Applicant was arrested for operating a vehicle while under the influence of alcohol (OUI) and some traffic offenses.

For Applicant

DUI or DWI Alcohol

Admitted

—

2.b

In 2010, Applicant was arrested for OUI and some traffic offenses.

For Applicant

DUI or DWI Alcohol

Admitted

—

2.c

In 2007, he was convicted of OUI, sentenced to pay a fine, and required to attend a six-week alcohol class.

For Applicant

DUI or DWI Alcohol

Admitted

—

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES