Summary
The applicant, a 44-year-old with a military background and advanced degrees, faced security concerns under Guideline B (foreign influence) and Guideline F (financial considerations) due to a history of financial misconduct and a relationship with a Ukrainian national. The judge found that the applicant provided sufficient evidence to mitigate these concerns, leading to a favorable decision for the applicant.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant has a girlfriend who is a citizen and resident of the Ukraine and that Applicant has sent her at least $20,000 for financial support (2.a). Applicant received a Memorandum of Reprimand (MOR) in October 2009 for committing larceny of Government funds with the total loss being about $53,789 (1.a). Applicant is delinquent on a home mortgage in the amount of $8,585 (1.b).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(d). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant demonstrated a good-faith effort to repay debts related to a Memorandum of Reprimand (MOR) for fraudulent reimbursement; The applicant's financial issues were largely due to circumstances beyond his control, including underemployment after military service; The applicant's relationship with a Ukrainian national did not raise concerns of divided loyalty, as he expressed strong loyalty to the U.S.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to repay debts related to a Memorandum of Reprimand (MOR) for fraudulent reimbursement.
- The applicant's financial issues were largely due to circumstances beyond his control, including underemployment after military service.
- The applicant's relationship with a Ukrainian national did not raise concerns of divided loyalty, as he expressed strong loyalty to the U.S.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(d)raisedDeceptive or Illegal Financial Practices
- AG ¶ 20(a)appliedBehavior Happened Long Ago or Infrequently
- AG ¶ 20(b)appliedConditions Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
Key Rule Quoted
“A security clearance adjudication is not intended to punish an applicant for past mistakes, misconduct, or shortcomings.”
Procedural Posture
- SOR issuedDec 27, 2016
- Answer filedFeb 20, 2017
- Hearing heldMay 18, 2018mutually agreed date
- Decision dateAug 16, 2018
Cite For
- Mitigating Conditions for Financial Issues Under Guideline F
- Foreign Influence Considerations Under Guideline B
- Impact of Personal Circumstances on Financial Reliability Assessments