ISCR Case 11-13181.h1

Case Headnote

ISCR Case No. 11-13181.h1

grantedJul 5, 2013· Hon. James F. Duffy· hearing

Summary

A 31-year-old electronics technician and former U.S. Marine was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). Personal conduct issues included quitting two jobs in 2007 and 2010 to avoid termination for policy violations (falling asleep on duty and taking a customer tip), receiving a general discharge from the Marine Corps in 2004 for disobeying an order, and failing to appear in state court in 2011 after a speeding arrest.

Financial concerns involved numerous delinquent debts. These included multiple medical collection accounts totaling $278, $448, $267, $257, $370, $229, $45, and $70, placed for collection between 2006 and 2012. Other collection accounts included a $727 cable television bill from 2012, a $5,463 automobile loan from 2006, an $820 installment loan from 2010, a $135 vehicle insurance account from 2010, a $353 payday loan from 2009, and a $541 fitness club membership from 2011. Additionally, there was a $2,359 charged-off account from 2009, a military credit card account past due by $1,262, and a student loan account past due by $2,083.

The judge found that the applicant mitigated these concerns. He was open and honest about his past misconduct, expressed remorse, and took steps to prevent future issues. Furthermore, he provided evidence of resolving several delinquent debts and demonstrated a stable financial situation. Based on these mitigating factors, the applicant was granted eligibility for a security clearance.

Why the Applicant Prevailed

The applicant was open and honest about his past misconduct during the hearing.
He demonstrated remorse and took positive steps to avoid future issues.
The applicant provided evidence of resolving several delinquent debts and maintaining a stable financial situation.

Conditions Referenced

Disqualifying

E3.1.15raisedCredible Adverse Information
F3.1.19(a)raisedInability or Unwillingness to Satisfy Debts
F3.1.19(c)raisedHistory of Not Meeting Financial Obligations

Mitigating

E3.1.17(c)appliedMinor Offense or Unlikely to Recur
E3.1.17(d)appliedAcknowledgment of Behavior and Counseling
E3.1.17(e)appliedPositive Steps to Reduce Vulnerability
F3.1.20(a)appliedBehavior Unlikely to Recur
F3.1.20(b)appliedConditions Beyond Control
F3.1.20(d)appliedGood-faith Effort to Repay Creditors

Key Rule Quoted

“The entire process is a conscientious scrutiny of a number of variables known as the 'whole-person concept.'”

Procedural Posture

SOR issuedFeb 12, 2013
Answer filedFeb 21, 2013
Hearing heldMay 16, 2013
Decision date—

Cite For

Mitigation of Personal Conduct Issues Through Honesty and Acknowledgment of Past Mistakes
Resolution of Financial Issues as a Factor in Granting Security Clearance
Application of the Whole-person Concept in Security Clearance Decisions

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
1.a	Applicant quit a job in November 2010 to avoid being fired for violating company policy by taking a tip from a customer	For Applicant	Rules Violation at Workplace	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.b	Applicant quit a job in May 2007 to avoid being fired for falling asleep while working as a security guard	For Applicant	Rules Violation at Workplace	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.c	Applicant was given a general discharge under honorable conditions from the Marine Corps in 2004 for disobeying a direct order	For Applicant	Rules Violation at Workplace	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.d	Applicant failed to appear in a state court in September 2011 following an earlier arrest for speeding	For Applicant	Rules Violation at Workplace	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant quit a job in November 2010 to avoid being fired for violating company policy by taking a tip from a customer

For Applicant

Rules Violation at Workplace

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

1.b

Applicant quit a job in May 2007 to avoid being fired for falling asleep while working as a security guard

For Applicant

Rules Violation at Workplace

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

1.c

Applicant was given a general discharge under honorable conditions from the Marine Corps in 2004 for disobeying a direct order

For Applicant

Rules Violation at Workplace

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

1.d

Applicant failed to appear in a state court in September 2011 following an earlier arrest for speeding

For Applicant

Rules Violation at Workplace

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	collection accounts for $278, $448, $267, and $257, respectively. These are medical accounts that were placed for collection between October 2006 and March 2011. $278	For Applicant	Medical Debt	Admitted	—	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full
2.b	collection accounts for $278, $448, $267, and $257, respectively. These are medical accounts that were placed for collection between October 2006 and March 2011. $448	For Applicant	Medical Debt	Admitted	—	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full
2.c	collection accounts for $278, $448, $267, and $257, respectively. These are medical accounts that were placed for collection between October 2006 and March 2011. $267	For Applicant	Medical Debt	Admitted	—	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full
2.d	collection accounts for $278, $448, $267, and $257, respectively. These are medical accounts that were placed for collection between October 2006 and March 2011. $257	For Applicant	Medical Debt	Admitted	—	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full
2.e	collection account for $727. This was a cable television account that was placed for collection in May 2012. $727	For Applicant	Unspecified Financial	Admitted	—	—	Claimed Debt Disputed with Creditor
2.f	collection accounts for $370 and 229, respectively. These are medical accounts that were placed for collection in June 2012 and July 2010. $370	For Applicant	Medical Debt	Admitted	—	—	—
2.g	collection accounts for $370 and 229, respectively. These are medical accounts that were placed for collection in June 2012 and July 2010. $229	For Applicant	Medical Debt	Admitted	—	—	—
2.h	collection account for $45. This was a medical account that was placed for collection in January 2010. $45	For Applicant	Medical Debt	Admitted	—	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full
2.i	charged-off account for $2,359. This account was charged off in September 2009. $2,359	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full
2.j	collection account for $5,463. This was an automobile loan that was placed for collection in May 2006. $5,463	For Applicant	Auto Loan Debt	Admitted	—	—	—
2.k	past-due account for $1,262. This was a military credit card account that was a 120 days or more past due. $1,262	For Applicant	Credit Card Debt	Admitted	—	—	Documented Debt Paid in Full
2.l	past-due account for $2,083. This was a student loan account that was 120 days or more past due. $2,083	For Applicant	Student Loan Debt	Admitted	—	—	Documented Payment Plan with Creditor
2.m	collection account for $820. This was an installment loan that was placed for collection in February 2010. $820	For Applicant	Personal Loan Debt	Admitted	—	—	Documented Debt Paid in Full
2.n	collection account for $135. This was a vehicle insurance account that was placed for collection in November 2010. $135	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full
2.o	collection account for $70. This was a medical debt that is not reflected on his credit reports. $70	For Applicant	Medical Debt	Admitted	—	—	Documented Debt Paid in Full
2.p	collection account for $353. This was a payday loan that was placed for collection in June 2009. $353	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full
2.q	collection account for $541. This was a fitness club membership account that was placed for collection in June 2011. $541	For Applicant	Unspecified Financial	Admitted	—	—	Claimed Payment Plan with Creditor

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

collection accounts for $278, $448, $267, and $257, respectively. These are medical accounts that were placed for collection between October 2006 and March 2011.

$278

For Applicant

Medical Debt

Admitted

—

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

2.b

collection accounts for $278, $448, $267, and $257, respectively. These are medical accounts that were placed for collection between October 2006 and March 2011.

$448

For Applicant

Medical Debt

Admitted

—

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

2.c

collection accounts for $278, $448, $267, and $257, respectively. These are medical accounts that were placed for collection between October 2006 and March 2011.

$267

For Applicant

Medical Debt

Admitted

—

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

2.d

collection accounts for $278, $448, $267, and $257, respectively. These are medical accounts that were placed for collection between October 2006 and March 2011.

$257

For Applicant

Medical Debt

Admitted

—

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

2.e

collection account for $727. This was a cable television account that was placed for collection in May 2012.

$727

For Applicant

Unspecified Financial

Admitted

—

Claimed

Debt Disputed with Creditor

2.f

collection accounts for $370 and 229, respectively. These are medical accounts that were placed for collection in June 2012 and July 2010.

$370

For Applicant

Medical Debt

Admitted

—

2.g

collection accounts for $370 and 229, respectively. These are medical accounts that were placed for collection in June 2012 and July 2010.

$229

For Applicant

Medical Debt

Admitted

—

2.h

collection account for $45. This was a medical account that was placed for collection in January 2010.

$45

For Applicant

Medical Debt

Admitted

—

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

2.i

charged-off account for $2,359. This account was charged off in September 2009.

$2,359

For Applicant

Unspecified Financial

Admitted

—

Documented

Debt Paid in Full

2.j

collection account for $5,463. This was an automobile loan that was placed for collection in May 2006.

$5,463

For Applicant

Auto Loan Debt

Admitted

—

2.k

past-due account for $1,262. This was a military credit card account that was a 120 days or more past due.

$1,262

For Applicant

Credit Card Debt

Admitted

—

Documented

Debt Paid in Full

2.l

past-due account for $2,083. This was a student loan account that was 120 days or more past due.

$2,083

For Applicant

Student Loan Debt

Admitted

—

Documented

Payment Plan with Creditor

2.m

collection account for $820. This was an installment loan that was placed for collection in February 2010.

$820

For Applicant

Personal Loan Debt

Admitted

—

Documented

Debt Paid in Full

2.n

collection account for $135. This was a vehicle insurance account that was placed for collection in November 2010.

$135

For Applicant

Unspecified Financial

Admitted

—

Documented

Debt Paid in Full

2.o

collection account for $70. This was a medical debt that is not reflected on his credit reports.

$70

For Applicant

Medical Debt

Admitted

—

Documented

Debt Paid in Full

2.p

collection account for $353. This was a payday loan that was placed for collection in June 2009.

$353

For Applicant

Unspecified Financial

Admitted

—

Documented

Debt Paid in Full

2.q

collection account for $541. This was a fitness club membership account that was placed for collection in June 2011.

$541

For Applicant

Unspecified Financial

Admitted

—

Claimed

Payment Plan with Creditor

Loading case…

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

PROCEDURAL MATTERS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES