ISCR Case 02-19503.h1

Case Headnote

ISCR Case No. 02-19503.h1

deniedSep 8, 2004· Hon. Michael J. Breslin· hearing

Summary

A 29-year-old defense contractor employee was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant had a history of excessive alcohol use, including a 1998 charge for wrongful use of cocaine and a 1995 indecent exposure charge that was later dismissed. Despite seeking help for alcohol-related issues, the judge found that these concerns were not mitigated.

Financially, the applicant accumulated several debts, including a $700 medical bill from 1999, a $200 judgment for unpaid traffic violations from 1999, and a $570 judgment for unpaid rent from 1999, which led to wage garnishment. He also incurred a $1,000 medical bill in 2001 with an insurance dispute and a $2,515 corporate travel card debt that resulted in account cancellation and salary deductions. While some debts were resolved after receiving the Statement of Reasons, the applicant was found to have a history of being unwilling or unable to pay debts and failing to take reasonable actions to satisfy creditors.

Furthermore, the applicant demonstrated a lack of candor by not being truthful with his employer about efforts to repay a delinquent debt and by falsifying material information on his security clearance application regarding his alcohol treatment history and prior arrests. The judge concluded that the applicant did not mitigate the security concerns related to his conduct, leading to the denial of his security clearance.

Why the Applicant Was Denied

Applicant has a long history of excessive alcohol consumption since 1993.
He has been unable or unwilling to pay his debts and failed to take reasonable actions to satisfy creditors.
Applicant was not truthful about his efforts to repay a delinquent debt to his employer.
He falsified material information on his security clearance application regarding alcohol treatment and prior arrests.

Conditions Referenced

Disqualifying

E2.A10.1.1raisedCriminal Conduct
E2.A7.1.1raisedAlcohol Consumption
E2.A6.1.1raisedFinancial Considerations
E2.A5.1.1raisedPersonal Conduct

Mitigating

E2.A10.1.3.1rejectedCriminal ConductThe applicant's criminal behavior was not recent, but it was not an isolated incident.
E2.A7.1.3.1rejectedAlcohol ConsumptionThe applicant's alcohol-related incidents indicate a pattern of behavior.
E2.A6.1.3.1rejectedFinancial ConsiderationsThe applicant's financial difficulties were ongoing and not isolated incidents.

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
— Directive, ¶ E2.2.1.

Procedural Posture

SOR issuedSep 3, 2003
Answer filedOct 24, 2003
Hearing held—Applicant elected to have the matter decided on the written record.
Decision dateSep 8, 2004

Cite For

Disqualifying Conditions Related to Excessive Alcohol Consumption Under Guideline G
Disqualifying Conditions for Financial Considerations Under Guideline F
Lack of Candor and Falsification of Information Under Guideline E

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
4.a	Applicant was not truthful with his employer's representative about efforts to repay a delinquent debt.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Financial	Admitted	—	—	—
4.b	Applicant falsified material information on his security clearance application concerning his history of treatment for alcohol abuse and his prior arrests.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	—	—	—
4.c	Applicant has not mitigated the security concerns arising from his excessive use of alcohol, his financial difficulties, his lack of candor, or his falsification of material matters on his security clearance application.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Unknown	—	—	—
4.d	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

Applicant was not truthful with his employer's representative about efforts to repay a delinquent debt.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Financial

Admitted

—

4.b

Applicant falsified material information on his security clearance application concerning his history of treatment for alcohol abuse and his prior arrests.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

—

4.c

Applicant has not mitigated the security concerns arising from his excessive use of alcohol, his financial difficulties, his lack of candor, or his falsification of material matters on his security clearance application.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Unknown

—

4.d

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant became indebted to a medical clinic in 1999 for about $700.00 for bills relating to the birth of his daughter. He was unable to pay the debt, and it remained unpaid through February 2002. After receiving the SOR, Applicant made inquiries and paid off the outstanding debt in April 2004. $700	Against Applicant	Medical Debt	Admitted	(a) inability to satisfy debts	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
3.b	In 1999, the county obtained a judgment against Applicant in local court for unpaid traffic violations totaling $200.00. The judgment remained unpaid through February 2002. Applicant subsequently paid the judgment. $200	Against Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
3.c	In 1999, Applicant fell behind in his rent payments. His landlord obtained a judgment for unpaid rent for about $570.00, and garnished his wages for the debt until it was paid in full. $570	For Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
3.d	Applicant became indebted to a medical center for bills arising from the birth of his daughter in February 2001. There was a dispute about insurance coverage of a bill for about $1,000.00, which remained unpaid through February 2002. After receiving the SOR, Applicant inquired about the status of the debt, and learned that it has been billed to his insurance company. $1,000	Against Applicant	Medical Debt	Admitted	(a) inability to satisfy debts	—	—
3.e	Applicant received a corporate travel charge card through a national bank, but failed to make payments when due. Despite repeated notices, Applicant was more than 60 days delinquent on this debt seven times, until the bank cancelled the account. The defense contractor began deducting about $65.00 per week from Applicant's salary to pay the outstanding $2,515.00 debt. $2,515	Against Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts	—	—
3.f	Applicant has a history of being unable or unwilling to pay his debts and thereafter failing to take reasonable actions to satisfy his creditors.	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant became indebted to a medical clinic in 1999 for about $700.00 for bills relating to the birth of his daughter. He was unable to pay the debt, and it remained unpaid through February 2002. After receiving the SOR, Applicant made inquiries and paid off the outstanding debt in April 2004.

$700

Against Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

3.b

In 1999, the county obtained a judgment against Applicant in local court for unpaid traffic violations totaling $200.00. The judgment remained unpaid through February 2002. Applicant subsequently paid the judgment.

$200

Against Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

3.c

In 1999, Applicant fell behind in his rent payments. His landlord obtained a judgment for unpaid rent for about $570.00, and garnished his wages for the debt until it was paid in full.

$570

For Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

3.d

Applicant became indebted to a medical center for bills arising from the birth of his daughter in February 2001. There was a dispute about insurance coverage of a bill for about $1,000.00, which remained unpaid through February 2002. After receiving the SOR, Applicant inquired about the status of the debt, and learned that it has been billed to his insurance company.

$1,000

Against Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

—

3.e

Applicant received a corporate travel charge card through a national bank, but failed to make payments when due. Despite repeated notices, Applicant was more than 60 days delinquent on this debt seven times, until the bank cancelled the account. The defense contractor began deducting about $65.00 per week from Applicant's salary to pay the outstanding $2,515.00 debt.

$2,515

Against Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

—

3.f

Applicant has a history of being unable or unwilling to pay his debts and thereafter failing to take reasonable actions to satisfy his creditors.

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Excessive alcohol consumption may raise security concerns.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—
2.b	Habitual or binge consumption of alcohol to the point of impaired judgment.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—
2.c	Alcohol-related incidents away from work, such as . . . criminal incidents related to alcohol use.	Against Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—
2.d	The problem occurred a number of years ago and there is no indication of a recent problem.	For Applicant	Unspecified Alcohol Incident	Denied	—	—	—
2.e	The applicant has sought help for alcohol-related issues.	For Applicant	Treatment Non Compliance	Denied	—	—	—
2.f	The applicant has not mitigated the security concerns arising from his excessive use of alcohol.	Against Applicant	Unspecified Alcohol Incident	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Excessive alcohol consumption may raise security concerns.

Against Applicant

Binge or Intoxication Pattern

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(b) alcohol-related incident at work

—

2.b

Habitual or binge consumption of alcohol to the point of impaired judgment.

Against Applicant

Binge or Intoxication Pattern

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(b) alcohol-related incident at work

—

2.c

Alcohol-related incidents away from work, such as . . . criminal incidents related to alcohol use.

Against Applicant

Alcohol Related Arrest

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(b) alcohol-related incident at work

—

2.d

The problem occurred a number of years ago and there is no indication of a recent problem.

For Applicant

Unspecified Alcohol Incident

Denied

—

2.e

The applicant has sought help for alcohol-related issues.

For Applicant

Treatment Non Compliance

Denied

—

2.f

The applicant has not mitigated the security concerns arising from his excessive use of alcohol.

Against Applicant

Unspecified Alcohol Incident

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(b) alcohol-related incident at work

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged with wrongful use of cocaine in March 1998, for which he received nonjudicial punishment under Article 15, Uniform Code of Military Justice.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.b	Applicant was charged with indecent exposure in June 1995, but the charges were later dismissed.	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was charged with wrongful use of cocaine in March 1998, for which he received nonjudicial punishment under Article 15, Uniform Code of Military Justice.

For Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

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

—

1.b

Applicant was charged with indecent exposure in June 1995, but the charges were later dismissed.

For Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

—

Loading case…

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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES