ISCR Case 14-00383.h1

Case Headnote

ISCR Case No. 14-00383.h1

deniedSep 23, 2014· Hon. Michael H. Leonard· hearing

Summary

A 31-year-old engineer technician was denied a security clearance due to unresolved criminal conduct and significant financial difficulties, despite favorable employment references. The denial was based on Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct).

The applicant had over $24,404 in collection or charged-off accounts, $2,000 in delinquent debt for a broken apartment lease, and $6,721 in medical collection accounts. Additionally, she failed to timely file federal and state income tax returns for tax years 2010, 2011, and 2012.

Regarding criminal conduct, the applicant had a history of driving with a suspended license from 2004 to 2012, with citations or arrests on five occasions. While she resolved her driving record issues in her state of residence in 2012 by paying fines and attending traffic school, obtaining a valid license thereafter, an outstanding arrest warrant from 2009 for similar conduct in another state remains unresolved. The applicant took no action to resolve this warrant, and did not present sufficient evidence to mitigate the security concerns.

Why the Applicant Was Denied

The applicant has an outstanding arrest warrant for a 2009 incident of driving with a suspended license that remains unresolved.
The applicant has a history of financial problems, including over $24,000 in collection accounts and failure to file state income tax returns for multiple years.
The applicant did not present sufficient evidence to mitigate the security concerns related to her criminal conduct and financial difficulties.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal Conduct
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
AG ¶ 19(a)raisedExcessive Indebtedness
AG ¶ 19(c)raisedFailure to Satisfy Debts

Mitigating

AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant resolved her driving record issues in her state of residence by paying fines and obtaining a valid driver's license.
AG ¶ 20(a)appliedThe Applicant Has Filed Federal Income Tax Returns for the Years in QuestionThe applicant filed federal income tax returns for 2010, 2011, and 2012 with no balances due.

Key Rule Quoted

“"It should be obvious that no one has a 'right' to a security clearance."”
— Department of Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedApr 17, 2014
Answer filed—
Hearing heldAug 26, 2014
Decision dateSep 23, 2014

Cite For

Outstanding Arrest Warrants as a Disqualifying Factor Under Guideline J
Financial Irresponsibility as a Disqualifying Factor Under Guideline F
Mitigating Conditions Related to Rehabilitation and Tax Compliance Under Guidelines F and J

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–2.c	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.c

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

For Applicant

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	$24,404 in collection or charged-off accounts $24,404	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b	$2,000 in delinquent debt for a broken apartment lease $2,000	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.c	$6,721 in medical collection accounts $6,721	Against Applicant	Medical Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.d	failure to timely file federal income tax returns for tax years 2010, 2011, and 2012	For Applicant	Tax Filing Failure	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.e	failure to timely file state income tax returns for tax years 2010, 2011, and 2012	For Applicant	Tax Filing Failure	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.f–1.x	19 sub-charges — specific text not stated in this decision (12 against, 7 for the applicant).	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

$24,404 in collection or charged-off accounts

$24,404

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.b

$2,000 in delinquent debt for a broken apartment lease

$2,000

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.c

$6,721 in medical collection accounts

$6,721

Against Applicant

Medical Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.d

failure to timely file federal income tax returns for tax years 2010, 2011, and 2012

For Applicant

Tax Filing Failure

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.e

failure to timely file state income tax returns for tax years 2010, 2011, and 2012

For Applicant

Tax Filing Failure

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.f–1.x

19 sub-charges — specific text not stated in this decision (12 against, 7 for the applicant).

Mixed

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.b	The applicant has a history of criminal conduct consisting of driving while her driver’s license was suspended in her state of residence from 2004 to 2012. She has an outstanding arrest warrant for similar conduct in 2009 in another state, which remains unresolved.	Against Applicant	Traffic Offense Pattern	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
3.a	The applicant was cited or arrested for driving while her driver’s license was suspended on five occasions: in 2004, twice in 2008, 2009, and 2012.	For Applicant	Traffic Offense Pattern	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
3.c	The applicant resolved her driving record issues in 2012 by paying fines and attending traffic school, obtaining a valid driver’s license thereafter.	For Applicant	Traffic Offense Pattern	Conduct No Charge	Denied	—	(d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Explanation of Omission Credible
3.d	The applicant has taken no action to resolve the outstanding arrest warrant for the 2009 incident.	For Applicant	Traffic Offense Pattern	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
3.e	The applicant has a history of financial problems or difficulties that are unresolved and ongoing, including delinquent debts and failure to file tax returns.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.b

The applicant has a history of criminal conduct consisting of driving while her driver’s license was suspended in her state of residence from 2004 to 2012. She has an outstanding arrest warrant for similar conduct in 2009 in another state, which remains unresolved.

Against Applicant

Traffic Offense Pattern

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

3.a

The applicant was cited or arrested for driving while her driver’s license was suspended on five occasions: in 2004, twice in 2008, 2009, and 2012.

For Applicant

Traffic Offense Pattern

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

3.c

The applicant resolved her driving record issues in 2012 by paying fines and attending traffic school, obtaining a valid driver’s license thereafter.

For Applicant

Traffic Offense Pattern

Conduct No Charge

Denied

—

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

Explanation of Omission Credible

3.d

The applicant has taken no action to resolve the outstanding arrest warrant for the 2009 incident.

For Applicant

Traffic Offense Pattern

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

3.e

The applicant has a history of financial problems or difficulties that are unresolved and ongoing, including delinquent debts and failure to file tax returns.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

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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

FINDINGS OF FACT

DISCUSSION

FORMAL FINDINGS

CONCLUSION

FOOTNOTES