Summary
A 62-year-old logistics analyst and retired U.S. Marine Corps veteran was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant had a past-due mortgage loan for $60,036 and a charged-off car-lease debt for $9,226. Additionally, he admitted to employer reprimands in 2014 and 2015 for failing to appear at work, submitting improper timesheets, and unauthorized use of a government-sponsored credit card. In June 2017, he tested positive for cocaine.
The judge determined that the applicant acted responsibly during a period of unemployment that led to his financial difficulties. He was found to have a long-standing sound financial record and was current on all open accounts.
The judge concluded that the applicant's past misconduct was infrequent and unlikely to recur, demonstrating remorse for his actions and not casting doubt on his current reliability. Consequently, the applicant was granted eligibility for access to classified information.
Why the Applicant Prevailed
- The applicant acted responsibly during a period of unemployment that caused financial difficulties.
- He has a long-standing sound financial record and is current on all open accounts.
- The applicant's past misconduct was infrequent, unlikely to recur, and does not cast doubt on his current reliability.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to Recur
- AG ¶ 20(b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
- AG ¶ 20(c)appliedIndividual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors
- AG ¶ 17(c)appliedOffense Is so Minor, or so Much Time Has Passed, or Behavior Is so Infrequent
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant’s meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedApr 10, 2020
- Answer filedApr 22, 2020
- Hearing held—Decision based on written record
- Decision dateOct 27, 2020
Cite For
- Mitigation of Financial Difficulties Due to Unemployment Under Guideline F
- Consideration of Infrequent Past Misconduct Under Guideline E
- Whole-person Assessment in Security Clearance Determinations