ISCR Case 04-12481.h1

Case Headnote

ISCR Case No. 04-12481.h1

deniedDec 28, 2006· Hon. Charles D. Ablard· hearing

Summary

A 54-year-old communications electronics technician was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant had seven delinquent debts totaling over $9,000, including credit card balances of $2,273 and $2,770, and $4,227 in excess mileage charges on an automobile lease. Four smaller debts, incurred between 1996 and 2004, totaled over $400, with only one $33 debt paid. Most debts were incurred during his marriage when joint spending exceeded income, and he demonstrated limited ability to make significant payments.

The applicant also omitted these delinquent debts from his SF86 submitted on January 6, 2003. While his failure to report was mitigated due to confusion about the requirements, raising concerns under 18 U.S.C. 1001, his overall lack of effort to resolve financial obligations remained a significant issue.

Additionally, the applicant's DUI conviction and subsequent arrest for driving without a license were not mitigated. Despite some mitigation related to an Article 15 from 1976, the applicant failed to demonstrate sufficient efforts to resolve his financial obligations and lacked the requisite intent regarding omissions on his SF86. Consequently, his security clearance was denied.

Why the Applicant Was Denied

The applicant had seven delinquent debts totaling over $9,000, with minimal payments made.
The applicant's DUI conviction and subsequent arrest for driving without a license were not mitigated.
The applicant's failure to report delinquent debts on his SF86 raised concerns about judgment and reliability.

Conditions Referenced

Disqualifying

E2.A6.1.1raisedFinancial Considerations
E2.A6.1.2.1raisedHistory of Not Meeting Financial Obligations
E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
E2.A10.1.2.1rejectedCriminal Conduct Not Recent
E2.A10.1.3.2rejectedIsolated Incident
E2.A5.1.1raisedQuestionable Judgment
E2.A5.1.2.2raisedDeliberate Omission or Falsification

Mitigating

E2.A6.1.3.3rejectedConditions Beyond Control
E2.A6.1.3.6rejectedGood Faith Effort to Repay Debts
E2.A10.1.2.1appliedCrime Not Recent
E2.A10.1.3.2rejectedIsolated Incident

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 issuedMar 1, 2006
Answer filedApr 27, 2006
Hearing heldSep 18, 2006
Decision dateDec 28, 2006

Cite For

Denial of Security Clearance Due to Financial Irresponsibility Under Guideline F
Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
Consideration of Omissions on SF86 and Their Implications 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
3.a	Applicant omitted his delinquent debts of 180 and 90 days on his SF86 at Questions 38 and 39 submitted on January 6, 2003.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Financial	Admitted	—	—	—
3.b	Failure to report the delinquent debts on his SF86 and allegation of criminal conduct under 18 U.S.C. 1001 for failure to do so were mitigated because of his confusion about the requirements.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Financial	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant omitted his delinquent debts of 180 and 90 days on his SF86 at Questions 38 and 39 submitted on January 6, 2003.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Financial

Admitted

—

3.b

Failure to report the delinquent debts on his SF86 and allegation of criminal conduct under 18 U.S.C. 1001 for failure to do so were mitigated because of his confusion about the requirements.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Financial

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	A debt of $2,273 is a credit card debt for purchase of a vacuum cleaner which has escalated with interest and late charges. $2,273	Against Applicant	Credit Card Debt	Admitted	—	—	—
1.b	A second for $2,770 is for miscellaneous charges on a credit card. $2,770	Against Applicant	Credit Card Debt	Admitted	—	—	—
1.c	A third for $4,227 is for excess mileage charges on a lease to buy automobile. $4,227	Against Applicant	Auto Loan Debt	Admitted	—	—	—
1.d	Four smaller debts totaling a little over $400 were incurred between 1996 and 2004, and only one for $33 has been paid. $400	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.e	Most of the debts were incurred when he was married, and his wife and he spent in excess of their joint income.	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.f	Applicant has only a limited ability to pay significant amounts to the creditors with his current obligations.	For Applicant	Unspecified Financial	Denied	—	—	Claimed Other
1.g	He has not received credit counseling but has had discussions relating to his debt problems with members of his church.	Against Applicant	Unspecified Financial	Denied	—	—	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

A debt of $2,273 is a credit card debt for purchase of a vacuum cleaner which has escalated with interest and late charges.

$2,273

Against Applicant

Credit Card Debt

Admitted

—

1.b

A second for $2,770 is for miscellaneous charges on a credit card.

$2,770

Against Applicant

Credit Card Debt

Admitted

—

1.c

A third for $4,227 is for excess mileage charges on a lease to buy automobile.

$4,227

Against Applicant

Auto Loan Debt

Admitted

—

1.d

Four smaller debts totaling a little over $400 were incurred between 1996 and 2004, and only one for $33 has been paid.

$400

Against Applicant

Unspecified Financial

Admitted

—

1.e

Most of the debts were incurred when he was married, and his wife and he spent in excess of their joint income.

Against Applicant

Unspecified Financial

Admitted

—

1.f

Applicant has only a limited ability to pay significant amounts to the creditors with his current obligations.

For Applicant

Unspecified Financial

Denied

—

Claimed

Other

1.g

He has not received credit counseling but has had discussions relating to his debt problems with members of his church.

Against Applicant

Unspecified Financial

Denied

—

Claimed

Other

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a–2.d	4 sub-charges — specific text not stated in this decision (2 against, 2 for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a–2.d

4 sub-charges — specific text not stated in this decision (2 against, 2 for the applicant).

Mixed

—

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

APPEARANCES

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES