ISCR Case 10-09480.h1

Case Headnote

ISCR Case No. 10-09480.h1

deniedJan 2, 2013· Hon. Marc E. Curry· hearing

Summary

A 41-year-old naturalized U.S. citizen from Afghanistan was denied a security clearance, primarily due to unmitigated financial concerns. While the applicant successfully addressed issues related to foreign influence, significant delinquent debts and a recent foreclosure ultimately led to the denial.

Under Guideline B (Foreign Influence), the applicant had several relatives in Afghanistan, a country described as chaotic and dangerous. However, he had not seen these relatives in over 12 years, and contact was limited to phone calls twice annually. These factors mitigated concerns regarding foreign influence.

Conversely, the applicant failed to mitigate concerns under Guideline F (Financial Considerations). He had approximately $64,000 in delinquent debt, primarily from credit cards used for essential expenses. Although he satisfied about $7,000 of this debt, including specific amounts of $300, $727, $300, and $300, he still had over $33,000 in unmitigated delinquent debts. The applicant also denied multiple debts without providing supporting evidence, and his home had recently been foreclosed. Consequently, the security clearance was denied.

Why the Applicant Prevailed

Applicant mitigated the foreign influence security concern due to limited contact with relatives in Afghanistan.
He has not seen his Afghan relatives in over 12 years and communicates infrequently.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlThe record does not support that unemployment contributed to the financial delinquencies.
AG ¶ 20(e)rejectedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due DebtApplicant denied debts without evidence to support his claims.

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 10, 2011
Answer filedMar 6, 2012
Hearing held—Applicant requested an administrative determination instead of a hearing.
Decision dateJan 2, 2013

Cite For

Mitigation of Foreign Influence Concerns Due to Infrequent Contact with Relatives Abroad
Financial Considerations Leading to Denial of Security Clearance
Impact of Foreclosure on 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	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	Applicant has several relatives living in Afghanistan, a chaotic and dangerous country with terrorists and insurgents that are brutalizing the population and engaging in combat with U.S. troops.	For Applicant	Sibling in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	—	(c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties
2.b	Applicant has not seen any of his Afghan relatives in more than 12 years. His contact with them is limited to phone calls twice per year.	For Applicant	Sibling in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	—	(c) contact so casual and infrequent there is little likelihood of risk	Claimed Contact Disclosed to Authorities Claimed Severed Foreign Contact

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has several relatives living in Afghanistan, a chaotic and dangerous country with terrorists and insurgents that are brutalizing the population and engaging in combat with U.S. troops.

For Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

—

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

2.b

Applicant has not seen any of his Afghan relatives in more than 12 years. His contact with them is limited to phone calls twice per year.

For Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

—

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Contact Disclosed to Authorities

Claimed

Severed Foreign Contact

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a–1.c	3 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—
1.d	approximately $64,000 of delinquent debt, mostly consisting of credit cards that he used to pay for gas, groceries, and bills $64,000	Against Applicant	Credit Card Debt	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
1.e	satisfied approximately $7,000 of delinquent debt, including subparagraphs 1.e, 1.j, 1.r and 1.s $7,000	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.f–1.i	4 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—
1.j	satisfied subparagraph 1.j, a debt not included in the payment plan in the amount of $300 $300	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.k–1.p	6 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—
1.q	satisfied subparagraph 1.q, a debt not included in the payment plan in the amount of $727 $727	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.r	satisfied subparagraph 1.r, a debt not included in the payment plan in the amount of $300 $300	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.s	satisfied subparagraph 1.s, a debt not included in the payment plan in the amount of $300 $300	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.t–1.u	2 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a–1.c

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

Against Applicant

—

1.d

approximately $64,000 of delinquent debt, mostly consisting of credit cards that he used to pay for gas, groceries, and bills

$64,000

Against Applicant

Credit Card Debt

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

1.e

satisfied approximately $7,000 of delinquent debt, including subparagraphs 1.e, 1.j, 1.r and 1.s

$7,000

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.f–1.i

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

Against Applicant

—

1.j

satisfied subparagraph 1.j, a debt not included in the payment plan in the amount of $300

$300

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.k–1.p

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

Against Applicant

—

1.q

satisfied subparagraph 1.q, a debt not included in the payment plan in the amount of $727

$727

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.r

satisfied subparagraph 1.r, a debt not included in the payment plan in the amount of $300

$300

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.s

satisfied subparagraph 1.s, a debt not included in the payment plan in the amount of $300

$300

For Applicant

Unspecified Financial

Admitted

—

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

Documented

Debt Paid in Full

1.t–1.u

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

Against 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