Summary
The applicant, a 40-year-old former Navy petty officer, faced security clearance denial under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to ongoing financial delinquencies and misuse of a government credit card for personal expenses. The judge found that the applicant's financial issues were unresolved and stemmed from his misconduct, which included using government resources for personal gain, leading to a lack of trustworthiness and reliability.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant tested positive for cocaine and received nonjudicial punishment (NJP) under Uniform Code of Military Justice (UCMJ) Article 112A (wrongful use and possession of a controlled substance) (2.a). Applicant received NJP for violations of UCMJ Article 92 (failure to obey a lawful order or regulation); Article 107 (false official statement), Article 121 (wrongful appropriation), and Article 134 (conduct prejudicial to good order and discipline) (2.b). Applicant chose to accept a discharge under other than honorable conditions, in January 2013 (2.c). Applicant has a state tax lien in the amount of $675 (1.a). Applicant has a state tax lien in the amount of $909 (1.b). Applicant has a past-due electric bill in the amount of $542 (1.c). Applicant has an unpaid apartment lease in the amount of $1,510 (1.d). Applicant has a past-due rental account in the amount of $500 (1.e). Applicant has a child support debt in the amount of $39 (1.f). Applicant has a charged-off consumer debt in the amount of $5,101 (1.g). Applicant has a debt in collection in the amount of $110 (1.h). Applicant has a charged-off consumer debt in the amount of $704 (1.i). Applicant has a charged-off phone or cable bill in the amount of $140 (1.n). Applicant has a medical debt in collection in the amount of $72 (1.o). Applicant has a medical debt in collection in the amount of $33 (1.p).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c), AG ¶ 19(f), AG ¶ 16(c), AG ¶ 16(d), AG ¶ 16(e)(1). The decision turned on the following: Applicant misused a government credit card for personal expenses, which raised significant trustworthiness concerns; Ongoing financial delinquencies totaling approximately $16,779 were not resolved or mitigated by the applicant; The applicant did not demonstrate responsible behavior in managing his financial obligations or addressing his debts.
Why the Applicant Was Denied
- Applicant misused a government credit card for personal expenses, which raised significant trustworthiness concerns.
- Ongoing financial delinquencies totaling approximately $16,779 were not resolved or mitigated by the applicant.
- The applicant did not demonstrate responsible behavior in managing his financial obligations or addressing his debts.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to Pay Taxes as Required
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)appliedCredible Adverse Information Not Covered Under Other Guidelines
- AG ¶ 16(e)(1)appliedPersonal Conduct Creating Vulnerability to Exploitation
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedOct 26, 2016
- Answer filedNov 21, 2016
- Hearing heldAug 3, 2017
- Decision dateAug 29, 2017
Cite For
- Denial of Security Clearance Due to Financial Irresponsibility Under Guideline F
- Misuse of Government Resources Impacting Trustworthiness Under Guideline E
- Ongoing Financial Issues as a Basis for Security Clearance Denial.