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Summary

The applicant, a 33-year-old electronic technician, faced security concerns under Guidelines F (financial considerations), H (drug involvement), J (criminal conduct), and E (personal conduct). While he successfully mitigated concerns related to drug involvement and criminal conduct, he failed to address significant financial issues, leading to a denial of his security clearance application.

Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant's actions were considered adverse personal conduct under this guideline (4.a). SOR 1.a ($13,000) and 1.b ($2,677), Applicant admitted that he was delinquent in child support, but explained that $432 is automatically deducted from his pay each month (1.a). SOR 1.a ($13,000) and 1.b ($2,677), Applicant admitted that he was delinquent in child support, but explained that $432 is automatically deducted from his pay each month (1.b). SOR 1.c is a wireless collection account in the amount of $2,213. Applicant stated that he is now making payments in the amount of $50 a month (1.c). As to SOR 1.d, a collection account in the amount of $1,742, for a security system, Applicant intends to pay the amount due on the account, but he has not had the money to do so yet (1.d). SOR 1.e is a medical account in collection for $828. He has not made any payments on the account. He believes that the bill was for hospital visits (1.e). SOR 1.f is a charged-off account in the amount of $455. He stated at the hearing that he is paying $50 a month (1.f). SOR 1.g is a collection account for the same debt that is listed in 1.d. However, the amount is $296. He stated that he would pay when he was able (1.g). As to SOR 1. h, a collection account for $600, Applicant stated that it has been paid (1.h). The amended SOR 1.i represents a paper that Applicant brought to the hearing. It is a letter dated November 21, 2018, showing a payment agreement for state taxes. The payment plan was established for a period of 16 months paying $105.63 a month (1.i). Applicant purchased marijuana on or about October 2017 (2.a). Applicant was charged with possession of marijuana in October 2017 (3.a).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(f). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(g). The decision turned on the following: The applicant did not provide sufficient documentation to demonstrate good-faith efforts to resolve his financial obligations, which included multiple delinquent accounts and child support issues; He failed to obtain credit counseling or follow a budget, indicating a lack of responsibility in managing his financial situation.

Why the Applicant Prevailed

• The applicant mitigated concerns related to drug involvement and criminal conduct by demonstrating a lack of subsequent illegal activity and a credible understanding of his past mistakes.
• He acknowledged his poor judgment in purchasing marijuana for his girlfriend and has since distanced himself from drug use.

Conditions Referenced

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

• SOR issuedAug 24, 2018
• Answer filedOct 7, 2018
• Hearing heldJun 13, 2019
• Decision dateJul 23, 2019

Cite For

• Failure to Mitigate Financial Considerations Under Guideline F
• Successful Mitigation of Drug Involvement Under Guideline H
• Consideration of the Whole-person Concept in Security Clearance Decisions