ISCR Case 05-01076.h2

Case Headnote

ISCR Case No. 05-01076.h2

deniedNov 17, 2006· Hon. Michael H. Leonard· hearing

Summary

A 41-year-old senior designer for a defense contractor was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant had a history of multiple drunk driving convictions, culminating in a felony conviction for operating a vehicle as a habitual offender. This resulted in a two-year jail sentence, served through a work-release program from February 1999 to November 2000.

While the applicant demonstrated rehabilitation by abstaining from alcohol since 1995, having his driver's license reinstated around 2002, and maintaining continuous employment since 1988 with no further criminal conduct since November 2000, these mitigating factors were insufficient. The denial was also based on significant unresolved financial issues. These included admitted unpaid debts of $333 and $647 to homeowners associations, and $108 for a cable TV account.

Additionally, the applicant owed approximately $7,100 to a finance company from an automobile repossession and about $507 for a telephone account, both of which he denied. He also admitted to owing approximately $5,902 for a charged-off bad debt he co-signed with his first wife, for which he presented no payment documentation. The applicant was also disqualified under 10 U.S.C. § 986(c)(1) due to serving over one year in jail.

Why the Applicant Was Denied

Applicant has a history of multiple DUI convictions culminating in a felony conviction, resulting in over one year of incarceration.
Financial issues stemming from his first marriage remain unresolved, with multiple unpaid debts and no meaningful action taken to address them.
Applicant is disqualified from holding a security clearance under 10 U.S.C. § 986(c)(1) due to serving more than one year in jail.

Conditions Referenced

Disqualifying

DC 1raisedCriminal Conduct
DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
DC 3raisedFinancial Considerations

Mitigating

MC 1appliedThe Criminal Behavior Was Not Recent
MC 2appliedThere Is Clear Evidence of Successful Rehabilitation
MC 3rejectedFinancial Considerations Due to Circumstances Beyond the Person's ControlApplicant has not taken meaningful action to resolve his financial issues.

Key Rule Quoted

“"The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedNov 2, 2005
Answer filedNov 30, 2005
Hearing heldOct 19, 2006
Decision dateNov 17, 2006

Cite For

Disqualifying Conditions Under Guideline J Due to Felony Convictions and Incarceration Over One Year
Mitigating Conditions Related to Criminal Conduct and Rehabilitation
Financial Considerations Impacting Security Clearance Eligibility Under Guideline F.

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	Applicant owes $333 to a homeowners association for a judgment taken against him in about February 1999. He admits this debt and it has not been paid. $333	Against Applicant	Judgment Against Applicant	Admitted	—	—	—
2.b	Applicant owes $108 on a collection account stemming from a cable TV account. He admits this debt and it has not been paid. $108	Against Applicant	Unspecified Financial	Admitted	—	—	—
2.c	Applicant owes about $7,100 to a finance company for a judgment taken against him in about October 2001. The debt is a deficiency balance after an automobile repossession. Applicant denies this debt. $7,100	Against Applicant	Judgment Against Applicant	Denied	—	—	—
2.d	Applicant owes about $507 on a collection account stemming from a telephone account. He denies this debt and explains this account originated when his first wife opened up an account for her sister when he was in jail. $507	Against Applicant	Unspecified Financial	Denied	—	—	—
2.e–2.f	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—
2.g	Applicant owes $647 to a homeowners association for a judgment taken against him in about June 2001. He admits this debt and it has not been paid. $647	Against Applicant	Judgment Against Applicant	Admitted	—	—	—
2.h	specific text not stated in this decision	Against Applicant	Unspecified Financial	Unknown	—	—	—
2.i	Applicant owes about $5,902 to a finance company for a charged-off bad debt. He admits this debt and explained it is a loan he cosigned with his first wife. He says he started making payments on it in December 2005, but he presented no paperwork on this debt. $5,902	Against Applicant	Unspecified Financial	Admitted	—	—	—
2.j	specific text not stated in this decision	Against Applicant	Unspecified Financial	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

Applicant owes $333 to a homeowners association for a judgment taken against him in about February 1999. He admits this debt and it has not been paid.

$333

Against Applicant

Judgment Against Applicant

Admitted

—

2.b

Applicant owes $108 on a collection account stemming from a cable TV account. He admits this debt and it has not been paid.

$108

Against Applicant

Unspecified Financial

Admitted

—

2.c

Applicant owes about $7,100 to a finance company for a judgment taken against him in about October 2001. The debt is a deficiency balance after an automobile repossession. Applicant denies this debt.

$7,100

Against Applicant

Judgment Against Applicant

Denied

—

2.d

Applicant owes about $507 on a collection account stemming from a telephone account. He denies this debt and explains this account originated when his first wife opened up an account for her sister when he was in jail.

$507

Against Applicant

Unspecified Financial

Denied

—

2.e–2.f

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

Against Applicant

—

2.g

Applicant owes $647 to a homeowners association for a judgment taken against him in about June 2001. He admits this debt and it has not been paid.

$647

Against Applicant

Judgment Against Applicant

Admitted

—

2.h

specific text not stated in this decision

Against Applicant

Unspecified Financial

Unknown

—

2.i

Applicant owes about $5,902 to a finance company for a charged-off bad debt. He admits this debt and explained it is a loan he cosigned with his first wife. He says he started making payments on it in December 2005, but he presented no paperwork on this debt.

$5,902

Against Applicant

Unspecified Financial

Admitted

—

2.j

specific text not stated in this decision

Against Applicant

Unspecified Financial

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant has multiple convictions for drunk driving, culminating with his guilty plea to the felony offense of operating a motor vehicle while a habitual offender.	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	—	—
1.b	Applicant was sentenced to two years in jail, which he served in a work-release program from February 1999 until his release in November 2000.	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	—	—
1.c	Applicant has not drunk alcohol since 1995.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited Abstinence Period Documented
1.d	The state reinstated his driver's license in about 2002.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited No Subsequent Offenses
1.e	He has not had any further criminal conduct since his release from jail in November 2000.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited No Subsequent Offenses
1.f	He has been continuously employed since 1988 and has a stable relationship with his second wife.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited Deep U.S. Ties
1.g	Applicant is disqualified from having a security clearance granted or renewed by the Defense Department under 10 U.S.C. § 986(c)(1).	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant has multiple convictions for drunk driving, culminating with his guilty plea to the felony offense of operating a motor vehicle while a habitual offender.

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

—

1.b

Applicant was sentenced to two years in jail, which he served in a work-release program from February 1999 until his release in November 2000.

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

—

1.c

Applicant has not drunk alcohol since 1995.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

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

Credited

Abstinence Period Documented

1.d

The state reinstated his driver's license in about 2002.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

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

Credited

No Subsequent Offenses

1.e

He has not had any further criminal conduct since his release from jail in November 2000.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

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

Credited

No Subsequent Offenses

1.f

He has been continuously employed since 1988 and has a stable relationship with his second wife.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

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

Credited

Deep U.S. Ties

1.g

Applicant is disqualified from having a security clearance granted or renewed by the Defense Department under 10 U.S.C. § 986(c)(1).

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES