Summary
A 52-year-old defense contractor with a long history of security clearance was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited a delinquent mortgage account, past due by approximately $49,690, with a total loan balance of $320,387, which was in foreclosure. Additionally, the applicant misused a company credit card and made a late payment. These issues raised disqualifying conditions F.19(a), F.19(b), and E.16(d).
However, the judge found that the applicant's financial difficulties were largely due to circumstances beyond his control, specifically a significant income reduction and his wife's illness. The applicant demonstrated responsible behavior by attempting to obtain a loan modification and settling tax obligations related to the foreclosure. Mitigating conditions F.20(b), E.17(a), and E.17(c) were applied.
The personal conduct issues were mitigated by the applicant's cooperation with the investigation and the isolated nature of the incidents. Ultimately, the judge determined that the applicant had taken responsible steps to rectify his conduct, leading to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to circumstances beyond his control, including a significant income reduction and his wife's illness.
- The applicant demonstrated responsible behavior in addressing his financial issues, including efforts to obtain a loan modification and settling tax obligations related to the foreclosure.
- The applicant's personal conduct issues were mitigated by his cooperation with the investigation and the isolated nature of the incidents.
Conditions Referenced
- F.19(a)raisedInability to Satisfy Debts
- F.19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- E.16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- F.20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- E.17(a)appliedPrompt, Good-faith Efforts to Correct the Omission, Concealment, or Falsification
- E.17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility and access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedDec 19, 2016
- Answer filedFeb 22, 2017
- Hearing heldJun 21, 2017
- Decision dateOct 2, 2017
Cite For
- Mitigating Conditions for Financial Difficulties Under Guideline F
- Consideration of Personal Conduct in Light of Mitigating Circumstances
- The Importance of Demonstrating Responsible Behavior in Resolving Past Issues