ISCR Case 11-09160.h1

Case Headnote

ISCR Case No. 11-09160.h1

deniedMay 16, 2013· Hon. Mark W. Harvey· hearing

Summary

A 33-year-old information technology specialist was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant's financial history included a bankruptcy filing due to excessive debt and a repossessed co-signed vehicle. She also had 23 delinquent or charged-off debts, including medical debts of $100, $440, and $201, and telecommunications debts of $1,317 and $1,178. Additionally, she owed $4,249 from two vehicle repossessions in 2008, a $731 credit card debt, and a $669 debt from a cell phone account opened for a cousin.

While the applicant paid a $141 utility debt as part of a debt consolidation plan, she had not made payments on most of her outstanding debts, and some were not included in her payment plan. Her personal conduct issues included multiple job terminations for reasons such as falling asleep at work and allegations of substance abuse.

The judge found that the applicant had not made sufficient progress in resolving her financial problems. Despite some efforts to mitigate her financial issues, the judge determined that these efforts were inadequate, leading to the denial of her eligibility for access to classified information.

Why the Applicant Was Denied

The applicant did not make sufficient progress resolving her financial problems.
The applicant's financial issues included 23 delinquent or charged-off debts and a bankruptcy.
The applicant's personal conduct included terminations from multiple jobs due to various issues, including falling asleep at work and allegations of substance abuse.

Conditions Referenced

Disqualifying

F1raisedInability or Unwillingness to Satisfy Debts
F3raisedA History of Not Meeting Financial Obligations
E2raisedPersonal Conduct That Raises Questions About an Individual's Reliability, Trustworthiness, and Ability to Protect Classified Information

Mitigating

F2rejectedThe Conditions That Led to the Financial Problems Were Temporary and Have Been ResolvedThe applicant did not demonstrate sufficient resolution of her financial issues.
E3rejectedThe Applicant Has Taken Steps to Address Her Financial IssuesThe applicant's efforts were deemed insufficient to mitigate the concerns.

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 14, 2012
Answer filedDec 12, 2012
Hearing heldApr 18, 2013via video teleconference
Decision dateMay 16, 2013

Cite For

Insufficient Progress in Resolving Financial Issues Under Guideline F
Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
Criteria for Evaluating Financial Considerations in Security Clearance Cases.

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	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant filed for bankruptcy because she had an excessive amount of debt and had cosigned for a vehicle that was repossessed.	Against Applicant	Bankruptcy Filing	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.k	The debt in SOR ¶ 1.k ($100) is Applicant’s medical debt. It has not been paid. $100	Against Applicant	Medical Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.m	The debt in SOR ¶ 1.m ($1,317) is Applicant’s telecommunications debt. She did not indicate that the debt was paid. $1,317	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.n	The debt in SOR ¶ 1.n ($4,249) resulted from repossession of two of Applicant’s vehicles in 2008. She has not made any payment to address this debt. $4,249	Against Applicant	Auto Loan Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.p	The debt in SOR ¶ 1.p ($731) is a credit card debt. She did not make any payments to address this debt. $731	Against Applicant	Credit Card Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.q	The debt in SOR ¶ 1.q ($669) resulted from a cell phone account that Applicant opened on behalf of her cousin. Applicant has not made any payments to address this debt. $669	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.r	Applicant admitted responsibility for the medical debt in SOR ¶ 1.s ($440). $440	Against Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.s	The debt in SOR ¶ 1.s ($440) is a medical debt. She was unsure of the origin or holder of the debts in SOR ¶¶ 1.s, 1.t ($217), and 1.v ($201). She did not make any payments to address these three debts. $440	Against Applicant	Medical Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.u	The debt in SOR ¶ 1.u ($1,178) is a telecommunications debt. It has not been paid, and it is not included in her payment plan. $1,178	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.v	The debt in SOR ¶ 1.v ($201) is a medical debt. She did not make any payments to address this debt. $201	Against Applicant	Medical Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.w	Applicant paid the utility debt in SOR ¶ 1.w ($141), and she provided proof of payment. It was the first debt paid under Applicant’s debt consolidation plan. $141	For Applicant	Utility or Phone Debt	Admitted	—	—	—
1.x	The debt in SOR ¶ 1.x is unspecified. The judge did not provide specific details about this debt.	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.k	The debt in SOR ¶ 1.k ($100) is Applicant’s medical debt. It has not been paid. $100	Against Applicant	Medical Debt	Unknown	(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

Applicant filed for bankruptcy because she had an excessive amount of debt and had cosigned for a vehicle that was repossessed.

Against Applicant

Bankruptcy Filing

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.k

The debt in SOR ¶ 1.k ($100) is Applicant’s medical debt. It has not been paid.

$100

Against Applicant

Medical Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.m

The debt in SOR ¶ 1.m ($1,317) is Applicant’s telecommunications debt. She did not indicate that the debt was paid.

$1,317

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.n

The debt in SOR ¶ 1.n ($4,249) resulted from repossession of two of Applicant’s vehicles in 2008. She has not made any payment to address this debt.

$4,249

Against Applicant

Auto Loan Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.p

The debt in SOR ¶ 1.p ($731) is a credit card debt. She did not make any payments to address this debt.

$731

Against Applicant

Credit Card Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.q

The debt in SOR ¶ 1.q ($669) resulted from a cell phone account that Applicant opened on behalf of her cousin. Applicant has not made any payments to address this debt.

$669

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.r

Applicant admitted responsibility for the medical debt in SOR ¶ 1.s ($440).

$440

Against Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.s

The debt in SOR ¶ 1.s ($440) is a medical debt. She was unsure of the origin or holder of the debts in SOR ¶¶ 1.s, 1.t ($217), and 1.v ($201). She did not make any payments to address these three debts.

$440

Against Applicant

Medical Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.u

The debt in SOR ¶ 1.u ($1,178) is a telecommunications debt. It has not been paid, and it is not included in her payment plan.

$1,178

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.v

The debt in SOR ¶ 1.v ($201) is a medical debt. She did not make any payments to address this debt.

$201

Against Applicant

Medical Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.w

Applicant paid the utility debt in SOR ¶ 1.w ($141), and she provided proof of payment. It was the first debt paid under Applicant’s debt consolidation plan.

$141

For Applicant

Utility or Phone Debt

Admitted

—

1.x

The debt in SOR ¶ 1.x is unspecified. The judge did not provide specific details about this debt.

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.k

The debt in SOR ¶ 1.k ($100) is Applicant’s medical debt. It has not been paid.

$100

Against Applicant

Medical Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES