Summary
A 56-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant had 13 delinquent debts totaling approximately $40,000 and was terminated from employment in May 2015 for misconduct.
Specifically, the applicant admitted to the significant delinquent debts and was terminated for downloading and watching movies while on duty. Furthermore, he provided false information on his security clearance application regarding this employment termination. Although the applicant did not deliberately conceal a DWI arrest, the judge found that he failed to mitigate the security concerns.
The applicant did not provide evidence of financial counseling or efforts to resolve his debts. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant admitted to having significant delinquent debts totaling approximately $40,000.
- He was terminated from employment for misconduct, specifically for downloading and watching movies while on duty.
- The applicant failed to provide evidence of financial counseling or efforts to resolve his debts.
- He provided false information on his security clearance application regarding his employment termination.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(d)appliedCredible Adverse Information
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant attributed his financial problems to helping his father with medical debts.
- AG ¶ 20(a)rejectedBehavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(c)rejectedReceived or Is Receiving Financial CounselingNo evidence of financial counseling was provided.
- AG ¶ 20(d)rejectedInitiated and Is Adhering to a Good-faith Effort to Repay Overdue CreditorsThe applicant made a conscious choice not to address his debts.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 25, 2019
- Answer filedFeb 26, 2019Applicant elected to have his case decided on the written record.
- Hearing held—Decision made based on written record.
- Decision dateSep 11, 2019
Cite For
- Failure to Mitigate Financial Issues Under Guideline F
- Failure to Provide Truthful Information on Security Clearance Application Under Guideline E
- Consideration of Personal Conduct and Financial Stability in Security Clearance Determinations.