ISCR Case 10-06586.h1

Case Headnote

ISCR Case No. 10-06586.h1

grantedOct 27, 2015· Hon. Robert J. Tuider· hearing

Summary

A 53-year-old lead mechanical technician, seeking a security clearance, faced concerns under Guideline F (Financial Considerations) and Guideline G (Alcohol Consumption). The Statement of Reasons cited a 2009 credit card judgment for $9,020 and a charged-off debt for $13,281, which the applicant settled for $11,325 via a March 18, 2015, agreement, with payments ongoing. Another 2009 credit card judgment for $5,551 was paid and satisfied on April 15, 2015, for $6,461.01, with a Satisfaction and Release of Lien of Judgment issued on June 23, 2015. Additionally, a $207 medical debt was successfully disputed and closed by March 31, 2015.

Regarding alcohol consumption, the applicant had a history of incidents away from work, including driving under the influence. However, he demonstrated significant mitigation for both guidelines. He resolved his outstanding debts and is current on all financial obligations.

Crucially, the applicant maintained sobriety for over five years, showing a strong commitment to responsible alcohol consumption. This was further supported by favorable character references and a recent, positive substance abuse evaluation. Based on the successful mitigation of these concerns, the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant resolved multiple debts and is current on his financial obligations.
He has maintained sobriety for over five years and demonstrated a commitment to responsible behavior regarding alcohol consumption.
Favorable character references and a positive substance abuse evaluation supported his case.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(d)raisedDiagnosis of Alcohol Abuse or Dependence

Mitigating

AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
AG ¶ 20(e)appliedReasonable Basis to Dispute Legitimacy of Past-due Debt
AG ¶ 23(a)appliedTime Has Passed or Behavior Was Infrequent
AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Evidence of Actions Taken to Overcome It

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 18, 2015
Answer filedMar 23, 2015
Hearing heldJul 7, 2015
Decision dateOct 27, 2015

Cite For

Mitigation of Financial Concerns Under Guideline F
Successful Demonstration of Sobriety and Rehabilitation Under Guideline G
Consideration of Character Evidence in Security Clearance Determinations

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	2009 credit card company judgment for $9,020, and a charged-off credit card company debt for $13,281, respectively. By letter agreement dated March 18, 2015, Applicant settled his debt with this creditor in the amount of $11,325, with his first payment of $1,325.24 due by May 8, 2015, and eight payments of $1,325.24 due by the 18th of each month. Applicant submitted proof of payments to date. DEBT BEING RESOLVED. $11,325	For Applicant	Credit Card Debt	Denied with Explanation	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(d) good-faith effort to repay or otherwise resolve debts (e) reasonable, documented basis to dispute the debt	Documented Debt Paid in Full
1.b	2009 credit card company judgment for $5,551. Applicant submitted a Satisfaction and Release of Lien of Judgment dated June 23, 2015, reflecting that Applicant paid $6,461.01 on April 15, 2015, and this debt had been paid and satisfied. DEBT RESOLVED. $6,461	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(d) good-faith effort to repay or otherwise resolve debts (e) reasonable, documented basis to dispute the debt	Documented Debt Paid in Full
1.c	Delinquent medical account for $207. Applicant successfully disputed this debt, and by letter dated March 31, 2015, the creditor stated this account was closed and to disregard any previous notices for this account. DEBT RESOLVED. $207	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(d) good-faith effort to repay or otherwise resolve debts (e) reasonable, documented basis to dispute the debt	Documented Debt Disputed with Creditor
1.d	specific text not stated in this decision	For Applicant	Unspecified Financial	Denied with Explanation	(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

2009 credit card company judgment for $9,020, and a charged-off credit card company debt for $13,281, respectively. By letter agreement dated March 18, 2015, Applicant settled his debt with this creditor in the amount of $11,325, with his first payment of $1,325.24 due by May 8, 2015, and eight payments of $1,325.24 due by the 18th of each month. Applicant submitted proof of payments to date. DEBT BEING RESOLVED.

$11,325

For Applicant

Credit Card Debt

Denied with Explanation

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

(e) reasonable, documented basis to dispute the debt

Documented

Debt Paid in Full

1.b

2009 credit card company judgment for $5,551. Applicant submitted a Satisfaction and Release of Lien of Judgment dated June 23, 2015, reflecting that Applicant paid $6,461.01 on April 15, 2015, and this debt had been paid and satisfied. DEBT RESOLVED.

$6,461

For Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

(e) reasonable, documented basis to dispute the debt

Documented

Debt Paid in Full

1.c

Delinquent medical account for $207. Applicant successfully disputed this debt, and by letter dated March 31, 2015, the creditor stated this account was closed and to disregard any previous notices for this account. DEBT RESOLVED.

$207

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

(e) reasonable, documented basis to dispute the debt

Documented

Debt Disputed with Creditor

1.d

specific text not stated in this decision

For Applicant

Unspecified Financial

Denied with Explanation

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Alcohol-related incidents away from work, such as driving while under the influence.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (d) diagnosis of alcohol use disorder by a qualified professional	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence	Credited Abstinence Period Documented
2.b–2.e	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Alcohol-related incidents away from work, such as driving while under the influence.

For Applicant

DUI or DWI Alcohol

Admitted

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

(d) diagnosis of alcohol use disorder by a qualified professional

(a) so much time has passed / so infrequent that it is unlikely to recur

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

Credited

Abstinence Period Documented

2.b–2.e

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

For Applicant

—

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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

FOOTNOTES