Summary
A 35-year-old cost analyst for a defense contractor sought to retain his security clearance, facing concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The Statement of Reasons included a Chapter 13 bankruptcy filed in November 2011 and dismissed in January 2014, alongside 13 other allegations documenting $171,256 in debts. Disqualifying conditions under AG ¶ 19(a), AG ¶ 19(c), AG ¶ 31(a), and AG ¶ 31(c) were raised.
The applicant's financial difficulties stemmed from layoffs and a divorce. He successfully discharged all delinquent debts through a Chapter 7 bankruptcy, demonstrating responsible financial management. His criminal charges, which arose from a contentious divorce, were dismissed, and he provided evidence of unusual circumstances surrounding these incidents, indicating they were unlikely to recur.
The judge applied mitigating conditions under AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 32(a), and AG ¶ 32(d). The applicant also provided positive character references from former co-workers, supporting his trustworthiness. Ultimately, the judge found that the applicant had mitigated the security concerns, and his security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant successfully discharged all delinquent debts through Chapter 7 bankruptcy, demonstrating responsible financial management.
- The applicant's criminal charges were dismissed, and he provided evidence of unusual circumstances surrounding the incidents, indicating unlikely recurrence.
- The applicant received positive character references from former co-workers, supporting his trustworthiness.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur
- AG ¶ 32(d)appliedThere Is Evidence of Successful Rehabilitation
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedOct 13, 2015
- Answer filedNov 17, 2015
- Hearing heldApr 20, 2016
- Decision dateOct 14, 2016
Cite For
- Mitigation of Financial Issues Through Bankruptcy Under Guideline F
- Dismissal of Criminal Charges Under Guideline J
- Consideration of Unusual Circumstances in Criminal Conduct Cases