ISCR Case 05-07211.h1

Case Headnote

ISCR Case No. 05-07211.h1

grantedJan 26, 2007· Hon. LeRoy F. Foreman· hearing

Summary

A 39-year-old defense contractor was granted a security clearance despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The Statement of Reasons detailed several issues, including child support arrears totaling $11,714 for one child and $1,553 for another. Additionally, the applicant had multiple delinquent debts, including a $277 electric bill, a $3,707 credit card account, a $999 gas bill, and a $975 telephone bill.

Criminal conduct concerns included a 1996 arrest for DUI, reduced to reckless driving, and a 2004 DWI conviction that resulted in a six-month license restriction. A 1992 weapons offense involving an unregistered pistol was also noted. Furthermore, the applicant was alleged to have intentionally falsified his security clearance application (SF 86) by failing to disclose the 1996 DUI and 2004 DWI arrests.

The judge found that the applicant mitigated these concerns. He established a payment plan for child support arrears, significantly reducing the amount owed, and made good-faith efforts to resolve other delinquent debts, paying them in full. Evidence of rehabilitation was presented for the 2004 DWI conviction, with no further alcohol-related incidents since that time. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant established a payment plan for child support arrears and reduced the amount owed significantly.
He demonstrated a good-faith effort to resolve multiple delinquent debts, paying them in full after discovery.
The applicant showed evidence of rehabilitation following his DWI conviction, with no further alcohol-related incidents since 2004.

Conditions Referenced

Disqualifying

E2.A6.1.2.1raisedDC 1: History of Not Meeting Financial Obligations
E2.A10.1.2.1raisedDC 1: History or Pattern of Criminal Activity

Mitigating

E2.A6.1.3.3appliedMC 3: Financial Problems Due to Circumstances Beyond Control
E2.A6.1.3.6appliedMC 6: Good-faith Effort to Resolve Debts
E2.A10.1.3.2appliedMC 2: Isolated Incident of Criminal Conduct
E2.A10.1.3.6appliedMC 6: Evidence of Successful Rehabilitation

Key Rule Quoted

“An applicant "has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance."”
— ISCR Case No. 01-20700 at 3 (App. Bd. Dec. 19, 2002)

Procedural Posture

SOR issuedFeb 10, 2006
Answer filedUndated
Hearing heldDec 12, 2006
Decision dateJan 26, 2007

Cite For

Mitigation of Financial Concerns Under Guideline F Due to Proactive Debt Resolution
Mitigation of Criminal Conduct Under Guideline J Based on Evidence of Rehabilitation
Refutation of Personal Conduct Allegations Under Guideline E Through Candor and Transparency in Disclosures

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–3.c	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a–3.c

3 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant's credit report dated December 29, 2005, reflected an arrearage of $11,714. $11,714	For Applicant	Child Support Debt	Admitted	(a) inability to satisfy debts	(c) received/receiving counseling; problem being resolved (g) arrangements made with the tax authority; in compliance	Documented Payment Plan with Creditor
1.b	Applicant also pays child support for a second child born in September 1989 by another woman. His credit report reflected an arrearage of $1,553 on this account. $1,553	For Applicant	Child Support Debt	Admitted	(a) inability to satisfy debts	(c) received/receiving counseling; problem being resolved (g) arrangements made with the tax authority; in compliance	Documented Payment Plan with Creditor
1.c	Applicant's credit reports also reflected a delinquent electric bill for $277, turned over for collection in January 2000. $277	For Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts	(c) received/receiving counseling; problem being resolved (g) arrangements made with the tax authority; in compliance	Documented Payment Plan with Creditor
1.d	Applicant's credit reports also reflected a delinquent credit card account for $3,707, turned over for collection in October 2001. $3,707	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts	(c) received/receiving counseling; problem being resolved (g) arrangements made with the tax authority; in compliance	Documented Payment Plan with Creditor
1.e	Applicant's credit reports also reflected a delinquent gas bill for $999, turned over for collection in July 2002. $999	For Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts	(c) received/receiving counseling; problem being resolved (g) arrangements made with the tax authority; in compliance	Documented Payment Plan with Creditor
1.f	Applicant's credit reports also reflected a delinquent telephone bill for $975, turned over for collection in November 2002. $975	For Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts	(c) received/receiving counseling; problem being resolved (g) arrangements made with the tax authority; in compliance	Documented Payment Plan with Creditor

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant's credit report dated December 29, 2005, reflected an arrearage of $11,714.

$11,714

For Applicant

Child Support Debt

Admitted

(a) inability to satisfy debts

(c) received/receiving counseling; problem being resolved

(g) arrangements made with the tax authority; in compliance

Documented

Payment Plan with Creditor

1.b

Applicant also pays child support for a second child born in September 1989 by another woman. His credit report reflected an arrearage of $1,553 on this account.

$1,553

For Applicant

Child Support Debt

Admitted

(a) inability to satisfy debts

(c) received/receiving counseling; problem being resolved

(g) arrangements made with the tax authority; in compliance

Documented

Payment Plan with Creditor

1.c

Applicant's credit reports also reflected a delinquent electric bill for $277, turned over for collection in January 2000.

$277

For Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(c) received/receiving counseling; problem being resolved

(g) arrangements made with the tax authority; in compliance

Documented

Payment Plan with Creditor

1.d

Applicant's credit reports also reflected a delinquent credit card account for $3,707, turned over for collection in October 2001.

$3,707

For Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) received/receiving counseling; problem being resolved

(g) arrangements made with the tax authority; in compliance

Documented

Payment Plan with Creditor

1.e

Applicant's credit reports also reflected a delinquent gas bill for $999, turned over for collection in July 2002.

$999

For Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(c) received/receiving counseling; problem being resolved

(g) arrangements made with the tax authority; in compliance

Documented

Payment Plan with Creditor

1.f

Applicant's credit reports also reflected a delinquent telephone bill for $975, turned over for collection in November 2002.

$975

For Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(c) received/receiving counseling; problem being resolved

(g) arrangements made with the tax authority; in compliance

Documented

Payment Plan with Creditor

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	You were arrested and charged with driving under the influence (DUI) in about October 1996 in (redacted city and state). You pleaded guilty to a reduced charge of reckless driving.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	(c) no reliable evidence the individual committed the offense	Credited No Subsequent Offenses
2.b	You were arrested and charged with driving while intoxicated (DWI) in about February 2004 in (redacted city and state). You pleaded guilty and your license was restricted for six months.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	(c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited No Subsequent Offenses Credited Rehabilitation Evidence
2.c	You intentionally falsified your security clearance application (SF 86) by failing to disclose your arrest for DUI in October 1996 and your DWI in February 2004.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	(b) pressured/coerced and unlikely to recur absent that pressure	Credited Acknowledgment and Remorse
2.d	You were arrested and charged with a weapons offense in June 1992 when military police discovered an unregistered pistol in your vehicle.	For Applicant	Weapons Offense	Arrested Not Charged	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

You were arrested and charged with driving under the influence (DUI) in about October 1996 in (redacted city and state). You pleaded guilty to a reduced charge of reckless driving.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

(c) no reliable evidence the individual committed the offense

Credited

No Subsequent Offenses

2.b

You were arrested and charged with driving while intoxicated (DWI) in about February 2004 in (redacted city and state). You pleaded guilty and your license was restricted for six months.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

No Subsequent Offenses

Credited

Rehabilitation Evidence

2.c

You intentionally falsified your security clearance application (SF 86) by failing to disclose your arrest for DUI in October 1996 and your DWI in February 2004.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

(b) pressured/coerced and unlikely to recur absent that pressure

Credited

Acknowledgment and Remorse

2.d

You were arrested and charged with a weapons offense in June 1992 when military police discovered an unregistered pistol in your vehicle.

For Applicant

Weapons Offense

Arrested Not Charged

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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

CONCLUSION

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

DECISION

FOOTNOTES