ISCR Case 14-05640.h1

Case Headnote

ISCR Case No. 14-05640.h1

deniedJan 28, 2016· Hon. Erin C. Hogan· hearing

Summary

A 33-year-old applicant was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant had three arrests between 2003 and 2013. These included an arrest for Assault Causing Bodily Injury in 2003, which resulted in deferred adjudication, community service, probation, and a fine, with the charge later dismissed. In 2011, the applicant was arrested for Driving While Intoxicated, and in 2013, for Driving Under a Suspended License, for which he pleaded guilty, paid a fine, and completed unsupervised probation. The judge found that the applicant had successfully mitigated the concerns related to his criminal conduct.

However, the applicant also had approximately $52,842 in delinquent debts across 15 accounts. These included a $23,486 charged-off automobile loan, an $11,678 charged-off debt to a technical institute, a $3,248 charged-off credit card, and a $2,456 charged-off account. Additionally, there was a $3,537 student loan, a $2,466 account, a $4,551 account, a $649 utility account, a checking account debt, and six medical accounts ranging from $31 to $187, all placed for collection.

The judge determined that the applicant's financial situation remained unresolved, demonstrating an inability to manage financial obligations and a lack of a clear plan to address the debts. Consequently, the security clearance was denied based on these unmitigated financial concerns.

Why the Applicant Was Denied

The applicant has 15 delinquent accounts totaling approximately $52,842, indicating an inability to manage financial obligations.
The applicant's financial situation is not under control, and he has not provided evidence of a plan to resolve his debts.

Conditions Referenced

Disqualifying

AG ¶ 19(a)appliedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)appliedHistory of Not Meeting Financial Obligations
AG ¶ 31(a)appliedSingle Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct

Mitigating

AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”

Procedural Posture

SOR issuedApr 20, 2015
Answer filedMay 27, 2015Requested decision on the record.
Hearing held—
Decision dateJan 28, 2016

Cite For

Denial Based on Unresolved Financial Obligations Under Guideline F
Mitigation of Criminal Conduct Concerns Due to Lack of Recent Arrests
Consideration 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	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	a $23,486 automobile loan that was charged off $23,486	Against Applicant	Auto Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.b	a $11,678 debt owed to a technical institute that was charged off $11,678	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.c	a $3,248 charged off credit card account $3,248	Against Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.d	a $3,537 student loan account placed for collection $3,537	Against Applicant	Student Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.e	six medical accounts in the amounts of $187, $163, $55, $37, $36, and $31 placed for collection $509	Against Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.f	a $2,466 account placed for collection $2,466	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.g	a $2,456 account that was charged off $2,456	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.h	a $4,551 account placed for collection $4,551	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.i	a $649 utility account placed for collection $649	Against Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.j	a checking account debt placed for collection	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.k–2.o	5 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

a $23,486 automobile loan that was charged off

$23,486

Against Applicant

Auto Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.b

a $11,678 debt owed to a technical institute that was charged off

$11,678

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.c

a $3,248 charged off credit card account

$3,248

Against Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.d

a $3,537 student loan account placed for collection

$3,537

Against Applicant

Student Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.e

six medical accounts in the amounts of $187, $163, $55, $37, $36, and $31 placed for collection

$509

Against Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.f

a $2,466 account placed for collection

$2,466

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.g

a $2,456 account that was charged off

$2,456

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.h

a $4,551 account placed for collection

$4,551

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.i

a $649 utility account placed for collection

$649

Against Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.j

a checking account debt placed for collection

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.k–2.o

5 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	On December 31, 2011, he was arrested for Driving While Intoxicated. In his answer to the SOR, Applicant admits he was pulled over by the police after driving a friend home. He admits that a bench warrant was issued because he failed to show in court. He states he was working out of the area and was not aware of the court date. He has never missed a court date since that day.	For Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.b	In February 2013, Applicant was arrested for Driving Under a Suspended License. He plead guilty, paid a fine, and completed unsupervised probation. Applicant claims he did not know his license was suspended. He believed his attorney took care of it. He fulfilled the terms of his punishment.	For Applicant	Traffic Offense Pattern	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.c	On May 14, 2003, he was arrested for Assault Causing Bodily Injury. Applicant plead guilty. He received deferred adjudication. The charge was dismissed after completion of community service, probation, and payment of a fine.	For Applicant	Assault or Battery	Diversion or Deferred	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

On December 31, 2011, he was arrested for Driving While Intoxicated. In his answer to the SOR, Applicant admits he was pulled over by the police after driving a friend home. He admits that a bench warrant was issued because he failed to show in court. He states he was working out of the area and was not aware of the court date. He has never missed a court date since that day.

For Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

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

—

1.b

In February 2013, Applicant was arrested for Driving Under a Suspended License. He plead guilty, paid a fine, and completed unsupervised probation. Applicant claims he did not know his license was suspended. He believed his attorney took care of it. He fulfilled the terms of his punishment.

For Applicant

Traffic Offense Pattern

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

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

—

1.c

On May 14, 2003, he was arrested for Assault Causing Bodily Injury. Applicant plead guilty. He received deferred adjudication. The charge was dismissed after completion of community service, probation, and payment of a fine.

For Applicant

Assault or Battery

Diversion or Deferred

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

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

—

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION