Summary
A 41-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant's personal conduct issues included a July 2002 arrest for stabbing or cutting her boyfriend during a domestic dispute while holding their infant, and an April 2005 physical altercation with the same boyfriend outside their daughter's school, which led to both being arrested though no charges were filed. Additionally, she was terminated from a job in July 2009 for excessive company cellphone use.
While the passage of time and lack of recent incidents mitigated the personal conduct concerns, the applicant failed to adequately address significant financial issues. These included substantial child support arrears for two children, and numerous unresolved delinquent debts. Specific financial concerns involved a charged-off consumer debt for $11,465, another charged-off debt for $2,475, and a consumer debt in collection for $2,012.
Further financial issues included charged-off debts to two department stores for $1,982 and $1,900 respectively, a charged-off consumer debt for $1,481, a charged-off credit card debt for $996, an unidentified delinquent medical debt for $200, and another consumer debt in collection for $2,476. The applicant did not provide sufficient information to mitigate these financial concerns or establish a reasonable repayment plan, leading to the denial of her security clearance.
Why the Applicant Prevailed
- The applicant mitigated personal conduct concerns due to the passage of time and lack of recent incidents.
Conditions Referenced
- F.1.araisedInability to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- E.16.craisedCredible Adverse Information in Several Adjudicative Issue Areas
- E.17.cappliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
- E.17.dappliedThe Individual Has Acknowledged the Behavior and Obtained Counseling
- F.20.bappliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 15, 2016
- Answer filedAug 8, 2016Requested decision on the administrative record.
- Hearing held—No hearing; decision based on the administrative record.
- Decision dateAug 22, 2017
Cite For
- Mitigation of Personal Conduct Concerns Due to the Passage of Time
- Failure to Mitigate Financial Considerations Due to Unresolved Debts
- Importance of Providing a Reasonable Repayment Plan for Debts