Summary
The applicant, a 35-year-old government contractor and former Marine, faced security clearance denial under Guidelines E (Personal Conduct) and F (Financial Considerations) due to unresolved debts totaling approximately $7,531 and a history of misconduct in the military. The judge found insufficient evidence of financial responsibility or personal conduct improvement, leading to concerns about the applicant's reliability and trustworthiness.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant was barred by his military command in 2010 from seeing a specific female military member, after being caught engaging in various sexual acts with her in and out of the workplace. Applicant directly disobeyed that order in February 2011 by meeting with her at her house (2.a). Applicant admitted the personal conduct alleged in SOR paragraph 2.b, but denied the reprimand identified in SOR subparagraph 2.a due to its incorrect date (2.b). Applicant is indebted on a collection account for a delinquent debt totaling $0, as alleged in SOR subparagraph 1.a. It has been delinquent since 2009. This debt is resolved (1.a). Applicant is indebted to a cable company for a delinquent debt totaling $193, as alleged in SOR subparagraph 1.b. It has been delinquent since 2014. Applicant presented a receipt from this creditor showing he has a zero balance owed to this creditor. This debt is resolved (1.b). Applicant is indebted on an apartment home on a delinquent debt totaling $278, as alleged in SOR subparagraph 1.c. It has been delinquent since 2015. Applicant indicated he reached out to [creditor] with no response in an attempt to pay this debt. It is unresolved (1.c). Applicant is indebted on a collection account for a delinquent debt totaling $407, as alleged in SOR subparagraph 1.d. It has been delinquent since 2015. Applicant indicated that he established a payment plan with this creditor. He presented a copy a bank statement showing he made a payment to a creditor, but the creditor’s name is not legible on that statement. Applicant failed to meet his burden to show he is resolving this debt (1.d). Applicant is indebted on a medical collection account for a delinquent debt totaling $267, as alleged in SOR subparagraph 1.e. It has been delinquent since 2012. Applicant testified that he was unaware of this medical bill because it was for his daughter and the bills go to his soon-to-be ex-wife at her residence. This debt remains unresolved (1.e). Applicant is indebted on a collection account for a delinquent debt totaling $299, as alleged in SOR subparagraph 1.f. It has been delinquent since 2015. Applicant admitted this debt. Applicant presented a receipt from this creditor showing he paid $299.27 on August 5, 2016. This debt is resolved (1.f). Applicant is indebted on a collection account for a delinquent automobile debt totaling $5,227, as alleged in SOR subparagraph 1.g. It was been delinquent since 2010. This was for a leased vehicle that was repossessed for non-payment. Applicant testified that this debt belonged to his wife and that it may be assigned to her in their divorce pending proceeding. This debt is unresolved (1.g). Applicant is indebted on a medical collection account for a delinquent debt totaling $233, as alleged in SOR subparagraph 1.h. It has been delinquent since 2012. Applicant testified that he was unaware of this medical bill because it was for his daughter and the bills go to his soon-to-be ex-wife at her residence. This debt is unresolved (1.h). Applicant was alleged to be indebted to the Internal Revenue Service (IRS) on a delinquent tax lien filed in July 2007 in the amount of $27,248, as alleged in SOR subparagraph 1.i. Applicant presented a letter that explained the tax lien was mistakenly filed against him instead of another individual with the same name. It is resolved (1.i). Applicant admitted he is indebted on a collection account for a delinquent debt totaling $718, as alleged in SOR subparagraph 1.j. Applicant testified that this debt belonged to his wife and that it may be assigned to her in their divorce pending proceeding. This debt is unresolved (1.j). Applicant is indebted on a collection account for a delinquent debt totaling $117, as alleged in SOR subparagraph 1.k. It was been delinquent since 2012. Applicant testified that he thought this debt was paid off but that he will resolve it by the end of the year. This debt is unresolved (1.k). Applicant is indebted on a collection account for a delinquent debt totaling $284, as alleged in SOR subparagraph 1.l. It was been delinquent since 2012. Applicant presented a document from this creditor and claimed it displayed a payment plan to pay off this debt. However, the document is illegible. Applicant did not state whether he made any payments under the alleged payment plan. This debt is unresolved (1.l).
The judge denied the clearance. The government raised disqualifying conditions F.19(a), F.19(c), E.16(c), E.16(e). The judge applied mitigating conditions F.20(b), E.17(c), E.17(d). The decision turned on the following: Applicant remains delinquent on eight of eleven debts totaling approximately $7,531; Applicant failed to demonstrate significant mitigation of financial concerns despite attributing debts to circumstances beyond his control; Applicant's personal conduct issues included a history of insubordination and failure to obey military orders.
Why the applicant was denied
- Applicant remains delinquent on eight of eleven debts totaling approximately $7,531.
- Applicant failed to demonstrate significant mitigation of financial concerns despite attributing debts to circumstances beyond his control.
- Applicant's personal conduct issues included a history of insubordination and failure to obey military orders.
Conditions referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- E.16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- E.16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- F.20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlWhile circumstances contributed to the debts, the applicant did not demonstrate responsible actions to resolve them.
- E.17(c)rejectedThe Offense Is so Minor or Infrequent That It Is Unlikely to RecurThe applicant's past misconduct and ongoing financial issues indicate a pattern of behavior.
- E.17(d)rejectedThe Individual Has Acknowledged the Behavior and Obtained CounselingThe applicant did not provide evidence of counseling or positive steps taken to address his conduct.
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural posture
- SOR issuedFeb 23, 2016
- Answer filedMar 25, 2016
- Hearing heldJul 22, 2016Hearing convened as scheduled.
- Decision dateNov 16, 2016
Cite for
- Denial of Security Clearance Due to Unresolved Financial Obligations
- Impact of Personal Conduct on Security Clearance Eligibility
- Insufficient Mitigation of Financial and Personal Conduct Concerns