ISCR Case 04-05994.h1

Case Headnote

ISCR Case No. 04-05994.h1

deniedApr 14, 2006· Hon. Joan Caton Anthony· hearing

Summary

A 29-year-old security guard was denied a security clearance due to unresolved financial delinquencies, despite mitigating factors related to personal conduct, alcohol consumption, and criminal conduct. The denial was based on Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct).

The applicant faced allegations of deliberately falsifying an SF-86 question and a history of criminal conduct, including a 2003 DUI arrest, a 1998 charge for being Drunk in Public (nolle prosequi), and a 1996 DUI conviction with a $200 fine and six months probation. Additionally, 1998 felony charges for possessing a firearm with drugs and manufacturing/selling controlled substances were nolle prosequi.

The primary reason for denial, however, was the applicant's failure to mitigate financial concerns. The applicant had approximately $6,800 in unpaid debts, including a judgment from November 2000 for about $3,736, and other outstanding accounts totaling approximately $931, $529, $1,537, and $37, all unpaid as of May 20, 2005. The judge found insufficient evidence to rebut four of the six financial concerns, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant failed to mitigate security concerns related to financial delinquencies totaling approximately $6,800.
The applicant provided no persuasive evidence to rebut four of the six financial concerns specified in the Statement of Reasons (SOR).
The applicant's financial delinquencies involved long-standing debts, with at least one dating back to 2000.

Conditions Referenced

Disqualifying

E2.A6.1.2.1raisedFinancial Considerations
E2.A6.1.2.3raisedFinancial Considerations

Mitigating

E2.A6.1.3.1rejectedFinancial ConsiderationsThe applicant's financial delinquencies involve long-standing debts.
E2.A6.1.3.2rejectedFinancial ConsiderationsThe applicant's financial problems do not result entirely from conditions beyond his control.
E2.A6.1.3.4rejectedFinancial ConsiderationsThe applicant did not seek counseling for his financial problems.
E2.A6.1.3.6rejectedFinancial ConsiderationsThe applicant did not develop or implement a practical plan for resolving debts.

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedJun 10, 2005
Answer filedJul 1, 2005
Hearing heldNov 7, 2005Applicant called no witnesses.
Decision dateApr 14, 2006

Cite For

Failure to Mitigate Financial Delinquencies Under Guideline F
Impact of Long-standing Debts on Security Clearance Eligibility
Insufficient Evidence to Rebut Financial Concerns Raised in SOR

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 deliberately falsified his answer on his SF-86 to Questions 23(a).	For Applicant	Falsification Security FormNOT DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

Applicant deliberately falsified his answer on his SF-86 to Questions 23(a).

For Applicant

Falsification Security FormNOT DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant was indebted to a creditor on a judgment entered against him in November 2000 in the approximate amount of $3,736 and that, as of May 20, 2005, the debt had not been paid. $3,736	Against Applicant	Judgment Against Applicant	Admitted	(b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
3.b	He was indebted to a creditor on an account in the amount of approximately $931, and that, as of at least May 20, 2005, the debt had not been paid. $931	Against Applicant	Unspecified Financial	Admitted	(b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
3.c	He was indebted to a creditor on a charged-off account in the approximate amount of $529 and that, as of at least May 20, 2005, the debt had not been paid. $529	For Applicant	Unspecified Financial	Admitted	(b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
3.d	He was indebted to a creditor on an account that had been charged-off in the approximate amount of $1,537 and that as of at least May 20, 2005, the debt had not been paid. $1,537	Against Applicant	Unspecified Financial	Admitted	(b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
3.e	He was indebted in the approximate amount of $37 to an insurance company on a collection account and that, as of at least May 20, 2005, the debt had not been paid. $37	Against Applicant	Unspecified Financial	Admitted	(b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
3.f	specific text not stated in this decision	For Applicant	Unspecified Financial	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant was indebted to a creditor on a judgment entered against him in November 2000 in the approximate amount of $3,736 and that, as of May 20, 2005, the debt had not been paid.

$3,736

Against Applicant

Judgment Against Applicant

Admitted

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

3.b

He was indebted to a creditor on an account in the amount of approximately $931, and that, as of at least May 20, 2005, the debt had not been paid.

$931

Against Applicant

Unspecified Financial

Admitted

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

3.c

He was indebted to a creditor on a charged-off account in the approximate amount of $529 and that, as of at least May 20, 2005, the debt had not been paid.

$529

For Applicant

Unspecified Financial

Admitted

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

3.d

He was indebted to a creditor on an account that had been charged-off in the approximate amount of $1,537 and that as of at least May 20, 2005, the debt had not been paid.

$1,537

Against Applicant

Unspecified Financial

Admitted

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

3.e

He was indebted in the approximate amount of $37 to an insurance company on a collection account and that, as of at least May 20, 2005, the debt had not been paid.

$37

Against Applicant

Unspecified Financial

Admitted

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

3.f

specific text not stated in this decision

For Applicant

Unspecified Financial

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The criminal conduct alleged in ¶¶ 1.a., 1.b., and 1.d., was also disqualifying conduct under Guideline G of the Directive	For Applicant	Unspecified Alcohol Incident	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The criminal conduct alleged in ¶¶ 1.a., 1.b., and 1.d., was also disqualifying conduct under Guideline G of the Directive

For Applicant

Unspecified Alcohol Incident

Admitted

—

(a) so much time has passed / so infrequent that it is unlikely to recur

(b) acknowledges the pattern and has established modified use or abstinence

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	On or about December 21, 2003, Applicant was arrested and charged with Driving Under the Influence.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(c) no reliable evidence the individual committed the offense	—
1.b	On or about November 20, 1998, Applicant was charged with being Drunk in Public and the charge was nolle prosequi on or about December 14, 1998.	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(c) no reliable evidence the individual committed the offense	—
1.c	On or about September 5, 1998, Applicant was charged with Carrying a Concealed Weapon (misdemeanor), Possessing a Firearm While in Possession of Drugs and Manufacturing, Sale, and Possession of a Controlled Substance (felonies), and on or about December 18, 1998, all charges were nolle prosequi.	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(c) no reliable evidence the individual committed the offense	—
1.d	On or about June 26, 1996, Applicant was arrested by military police on a military installation and charged with Driving Under the Influence, Driving After Consuming Alcohol Underage, and Defective Equipment and he pled guilty, was fined $200, and sentenced to six months probation.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(c) no reliable evidence the individual committed the offense	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

On or about December 21, 2003, Applicant was arrested and charged with Driving Under the Influence.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(c) no reliable evidence the individual committed the offense

—

1.b

On or about November 20, 1998, Applicant was charged with being Drunk in Public and the charge was nolle prosequi on or about December 14, 1998.

For Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(c) no reliable evidence the individual committed the offense

—

1.c

On or about September 5, 1998, Applicant was charged with Carrying a Concealed Weapon (misdemeanor), Possessing a Firearm While in Possession of Drugs and Manufacturing, Sale, and Possession of a Controlled Substance (felonies), and on or about December 18, 1998, all charges were nolle prosequi.

For Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(c) no reliable evidence the individual committed the offense

—

1.d

On or about June 26, 1996, Applicant was arrested by military police on a military installation and charged with Driving Under the Influence, Driving After Consuming Alcohol Underage, and Defective Equipment and he pled guilty, was fined $200, and sentenced to six months probation.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(c) no reliable evidence the individual committed the offense

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES