ISCR Case 14-06207.h1

Case Headnote

ISCR Case No. 14-06207.h1

grantedNov 2, 2015· Hon. Richard A. Cefola· hearing

Summary

A 34-year-old government contractor employee was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The issues stemmed from financial difficulties, which the applicant attributed to two failed marriages.

The Statement of Reasons included allegations of past-due state taxes for 2011, amounting to approximately $2,190, and a voluntary motor vehicle repossession in 2006 due to repeated engine issues. The applicant also faced allegations of indebtedness to several creditors, specifically Creditor E for about $987, Creditor F for about $147, Creditor G for about $160, and Creditor I for about $126, all of which he denied. He admitted to an approximate $644 debt to Creditor H. The applicant affirmed he had filed federal and state income tax returns for 2011 and 2012, and provided documentation for 2013 and 2014. He also denied failing to cooperate with his personnel security investigation.

The judge found that the applicant's financial difficulties were largely due to circumstances beyond his control. He provided evidence of resolving past-due debts and successfully contested debts that were not his responsibility. The applicant was fully cooperative and candid throughout the security clearance process, leading to the decision to grant eligibility for access to classified information.

Why the Applicant Prevailed

The applicant successfully demonstrated that his financial difficulties were largely due to circumstances beyond his control, specifically two divorces.
He provided evidence of having resolved past-due debts and contested debts that were not his responsibility.
The applicant was fully cooperative during the security clearance process and provided candid responses.

Conditions Referenced

Mitigating

20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
20(c)appliedClear Indications That the Problem Is Being Resolved or Is Under Control
20(d)appliedEvidence Shows the Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts

Key Rule Quoted

“The ultimate determination of whether to grant eligibility for a security clearance must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”

Procedural Posture

SOR issuedMar 17, 2015
Answer filedApr 21, 2015
Hearing heldAug 13, 2015
Decision dateNov 2, 2015

Cite For

Mitigation of Financial Difficulties Due to Personal Circumstances Under Guideline F
Cooperation During the Security Clearance Process Under Guideline E
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
2.a	Applicant denies that he failed to cooperate with his personnel security investigation.	For Applicant	Failure to Cooperate with Security Processing	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant denies that he failed to cooperate with his personnel security investigation.

For Applicant

Failure to Cooperate with Security Processing

—

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant has filed both his Federal and state income tax returns for tax years 2011 and 2012.	For Applicant	Tax Filing Failure	Admitted	—	—	—
1.b	In an abundance of caution, he has also submitted documentation showing he has also filed for tax years 2013 and 2014.	For Applicant	Tax Filing Failure	Admitted	—	—	—
1.c	Applicant was past due to his state taxing authority, for tax year 2011, in the amount of about $2,190. $2,190	For Applicant	Tax Unpaid	Denied	—	—	—
1.d	In 2006, Applicant’s motor vehicle was voluntarily repossessed as he had to repeatedly replace its engine.	For Applicant	Auto Loan Debt	Admitted	—	—	—
1.e	Applicant denies that he is indebted to Creditor E in the amount of about $987. $987	For Applicant	Unspecified Financial	Denied	—	—	—
1.f	Applicant denies that he is indebted to Creditor F in the amount of about $147. $147	For Applicant	Unspecified Financial	Denied	—	—	—
1.g	Applicant denies that he is indebted to Creditor G in the amount of about $160. $160	For Applicant	Unspecified Financial	Denied	—	—	—
1.h	Applicant admits that he was indebted to Creditor H in the amount of about $644. $644	For Applicant	Unspecified Financial	Admitted	—	—	—
1.i	Applicant denies that he is indebted to Creditor I in the amount of about $126. $126	For Applicant	Unspecified Financial	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant has filed both his Federal and state income tax returns for tax years 2011 and 2012.

For Applicant

Tax Filing Failure

Admitted

—

1.b

In an abundance of caution, he has also submitted documentation showing he has also filed for tax years 2013 and 2014.

For Applicant

Tax Filing Failure

Admitted

—

1.c

Applicant was past due to his state taxing authority, for tax year 2011, in the amount of about $2,190.

$2,190

For Applicant

Tax Unpaid

Denied

—

1.d

In 2006, Applicant’s motor vehicle was voluntarily repossessed as he had to repeatedly replace its engine.

For Applicant

Auto Loan Debt

Admitted

—

1.e

Applicant denies that he is indebted to Creditor E in the amount of about $987.

$987

For Applicant

Unspecified Financial

Denied

—

1.f

Applicant denies that he is indebted to Creditor F in the amount of about $147.

$147

For Applicant

Unspecified Financial

Denied

—

1.g

Applicant denies that he is indebted to Creditor G in the amount of about $160.

$160

For Applicant

Unspecified Financial

Denied

—

1.h

Applicant admits that he was indebted to Creditor H in the amount of about $644.

$644

For Applicant

Unspecified Financial

Admitted

—

1.i

Applicant denies that he is indebted to Creditor I in the amount of about $126.

$126

For Applicant

Unspecified Financial

Denied

—

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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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION