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ISCR Case 14-04300.h1 — CASE

ISCR Case 14-04300.h1denied

Case Headnote

ISCR Case No. 14-04300.h1

deniedSep 29, 2015· Hon. Nichole L. Noel· hearing

Summary

A security clearance applicant, representing himself, was denied clearance under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The denial stemmed from a history of unresolved financial problems and the misuse of a corporate credit card.

Specifically, the Statement of Reasons alleged that the applicant had a history of financial issues and misused a corporate credit card, and that he failed to mitigate the security concerns these issues raised. The judge found that the applicant's financial problems remained unresolved and that his misuse of a corporate credit card raised significant concerns regarding his personal conduct.

These factors led to the determination that the applicant failed to mitigate the security risks associated with his financial history and personal conduct, resulting in the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a history of financial problems that were not resolved.
The applicant misused a corporate credit card, raising concerns about personal conduct.

Conditions Referenced

Disqualifying

E2.A5.1raisedFinancial Considerations
E2.A5.2raisedPersonal Conduct

Procedural Posture

SOR issuedOct 7, 2014
Answer filed—
Hearing held—
Decision dateSep 29, 2015

Cite For

Failure to Mitigate Financial Issues Under Guideline E
Misuse of Corporate Credit Card as a Disqualifying Factor Under Guideline F

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant failed to mitigate security concerns related to personal conduct. The decision resulted in a denial of the applicant's security clearance due to issues of financial problems and misuse of a corporate credit card.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a–2.b	2 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant		—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The applicant's security clearance was denied due to unresolved financial issues and misuse of a corporate credit card. The judge found that the applicant failed to mitigate the security concerns associated with these financial problems.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant has a history of financial problems and misuse of his corporate credit card.	Against Applicant	Unspecified Financial	Unknown	—	—	—
1.b	Applicant failed to mitigate the security concerns raised by his history of financial problems and misuse of his corporate credit card.	Against Applicant	Unspecified Financial	Unknown	—	—	—

Descriptive standardized rendering of a decided public case (Guideline F). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS

In the matter of: ) ) ) ISCR Case No. 14-04300 ) Applicant for Security Clearance )

For Government: Nicole A. Smith, Esq., Department Counsel For Applicant: Pro se

09/29/2015 ______________

STATEMENT OF CASE

______________

NOEL, Nichole L., Administrative Judge:

Applicant contests the Department of Defense’s (DOD) intent to deny his eligibility for a security clearance. Applicant failed to mitigate the security concerns raised by his history of financial problems and misuse of his corporate credit card. Clearance is denied.

Statement of the Case

On October 7, 2014, the DOD issued a Statement of Reasons (SOR) detailing security concerns under the financial considerations and personal conduct guidelines.1 DOD adjudicators were unable to find that it is clearly consistent with the national interest to grant Applicant’s security clearance.

FOOTNOTES

1 This case is adjudicated under Executive Order (EO) 10865, Safeguarding Classified Information within Industry, signed by President Eisenhower on February 20, 1960, as amended; as well as DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program, dated January 2, 1992, as amended (Directive). In addition, the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information (AG), effective within the Defense Department on September 1, 2006, apply to this case. The AG were published in the Federal Register and codified in 32 C.F.R. § 154, Appendix H (2006). The AG replace the guidelines in Enclosure 2 to the Directive.