ISCR Case 10-10406.h1

Case Headnote

ISCR Case No. 10-10406.h1

grantedMay 23, 2012· Hon. Matthew E. Malone· hearing

Summary

A 42-year-old pipe fitter employed by a defense contractor was granted a security clearance despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and H (Drug Involvement). The applicant had a history of five driver’s license suspensions since September 2009 and two drug-related arrests: one in June 2001 for possession of marijuana and driving on a suspended license, and another in February 2007 for marijuana possession, which led to a prior security clearance revocation by the U.S. Navy.

Financial concerns included a Chapter 7 bankruptcy filing in January 2001 and a Chapter 13 petition in February 2010 that was ongoing when the Statement of Reasons was issued. Additionally, the applicant was alleged to have made false statements by failing to disclose the Navy’s revocation of his security clearance and a July 2001 arrest for assault and battery of a family member on previous security clearance applications.

The judge found that the applicant had mitigated these concerns. His current financial situation was stable with no new delinquent debts and a repayment plan in place. He had not used illegal drugs since 2001 and had dissociated from drug-using associates. The applicant also provided plausible explanations for the omissions in his security clearance applications, demonstrating no intent to deceive.

Why the Applicant Prevailed

The applicant's current financial situation is stable, with no new delinquent debts and a repayment plan in place.
The applicant has not used illegal drugs since 2001 and has dissociated from drug-using associates.
The applicant provided plausible explanations for omissions in his security clearance applications, demonstrating no intent to deceive.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 25(a)raisedAny Drug Abuse
AG ¶ 15raisedConduct Involving Questionable Judgment

Mitigating

AG ¶ 20(a)appliedBehavior Happened so Long Ago
AG ¶ 20(b)appliedConditions Beyond the Person's Control
AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
AG ¶ 15appliedLack of Intent to Mislead

Key Rule Quoted

“The presence or absence of a disqualifying or mitigating condition is not, by itself, conclusive.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedNov 23, 2011
Answer filedDec 19, 2011
Hearing heldMar 15, 2012Hearing conducted in person.
Decision dateMay 23, 2012

Cite For

Mitigation of Financial Concerns Under Guideline F
Abstinence From Drug Use and Dissociation From Drug-using Associates Under Guideline H
Lack of Intent to Mislead in Security Clearance Applications 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	Applicant’s driver’s license has been suspended five times since September 2009 for various traffic violations.	For Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
2.b	His 2007 drug arrest resulted in the revocation of a security clearance issued to him by the U.S. Navy.	For Applicant	Questionable Judgment General	—	Denied	—	—	—
2.c	Applicant deliberately made a false statement to the Government by failing to disclose, as required by eQIP question 25.b, that the Navy revoked his security clearance.	For Applicant	Lack of Candor in Interview	—	Denied	—	—	—
2.d	He deliberately made a false statement to the Government by failing to disclose, as required by question 23.f of a security clearance application submitted in May 2002, that he had been arrested in July 2001 and charged with assault and battery of a family member.	For Applicant	Lack of Candor in Interview	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant’s driver’s license has been suspended five times since September 2009 for various traffic violations.

For Applicant

Rules Violation at Workplace

—

Admitted

—

2.b

His 2007 drug arrest resulted in the revocation of a security clearance issued to him by the U.S. Navy.

For Applicant

Questionable Judgment General

—

Denied

—

2.c

Applicant deliberately made a false statement to the Government by failing to disclose, as required by eQIP question 25.b, that the Navy revoked his security clearance.

For Applicant

Lack of Candor in Interview

—

Denied

—

2.d

He deliberately made a false statement to the Government by failing to disclose, as required by question 23.f of a security clearance application submitted in May 2002, that he had been arrested in July 2001 and charged with assault and battery of a family member.

For Applicant

Lack of Candor in Interview

—

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant filed Chapter 7 bankruptcy in January 2001 and was discharged of his debts in May 2001	For Applicant	Bankruptcy Filing	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Debt Paid in Full Claimed Other
3.b	In February 2010, Applicant filed a Chapter 13 bankruptcy petition that remain[ed] in bankruptcy court when the SOR was issued $20,000	For Applicant	Bankruptcy Filing	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved	Documented Payment Plan with Creditor

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant filed Chapter 7 bankruptcy in January 2001 and was discharged of his debts in May 2001

For Applicant

Bankruptcy Filing

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Debt Paid in Full

Claimed

Other

3.b

In February 2010, Applicant filed a Chapter 13 bankruptcy petition that remain[ed] in bankruptcy court when the SOR was issued

$20,000

For Applicant

Bankruptcy Filing

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(c) received/receiving counseling; problem being resolved

Documented

Payment Plan with Creditor

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	In February 2007, Applicant was arrested and charged with possession of marijuana, to which he pleaded guilty in May 2007, and was given 30 days in jail (suspended), was fined and placed on unsupervised probation.	For Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.b	In June 2001, he was charged with driving on a suspended license and possession of marijuana, for which he was fined and ordered to attend an 'ASAP' class.	For Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

In February 2007, Applicant was arrested and charged with possession of marijuana, to which he pleaded guilty in May 2007, and was given 30 days in jail (suspended), was fined and placed on unsupervised probation.

For Applicant

MarijuanaWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(g) expressed intent to continue, or failure to commit to discontinue

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

—

1.b

In June 2001, he was charged with driving on a suspended license and possession of marijuana, for which he was fined and ordered to attend an 'ASAP' class.

For Applicant

MarijuanaWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(g) expressed intent to continue, or failure to commit to discontinue

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

—

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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