Summary
A 59-year-old plant protection officer sought a security clearance, facing concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). Personal conduct issues stemmed from his prior employment, including a written warning in October 2010 for failing to report a security breach, a suspension in January 2011 for not following instructions to tow a vehicle, and a termination in September 2011 for another failure to timely report a security breach. Financial concerns involved a delinquent vehicle loan from January 2009, which he had cosigned with a business partner, and a small debt on a second vehicle that has since been paid.
The judge considered disqualifying conditions related to these allegations. However, the applicant presented extensive documentation regarding his past employment incidents, demonstrating a commitment to security protocols. His financial issues were deemed infrequent, and he actively worked to resolve them, with one debt already paid.
Ultimately, the judge found that the applicant mitigated the concerns through evidence of stability, a long employment history, and efforts to resolve his debts. His long-term employment and positive character references further supported his reliability and trustworthiness. Based on these factors, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant provided extensive documentation regarding past employment incidents, demonstrating a commitment to security protocols.
- The applicant's financial issues were deemed infrequent and were being actively resolved, with one debt already paid off.
- The applicant's long-term employment and positive character references supported his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 16(d)(3)raisedPattern of Rule Violations
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 21, 2014
- Answer filedMar 9, 2015
- Hearing heldNov 18, 2015record kept open for additional documents
- Decision dateJul 26, 2016
Cite For
- Mitigation of Personal Conduct Concerns Under Guideline E Due to Time Elapsed and Lack of Recent Infractions
- Mitigation of Financial Considerations Under Guideline F Based on Evidence of Debt Resolution Efforts
- Application of the Whole-person Concept in Evaluating Security Clearance Eligibility.