Summary
A 40-year-old data management clerk for a defense contractor was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline H (Drug Involvement). The applicant had approximately $36,000 in delinquent debts, including student loans, charged-off credit card debt, and a charged-off vehicle loan following repossession. Additionally, she failed to file her 2010 Federal income tax return and incurred a state tax lien in 2013 for $405. Under Guideline H, the applicant reported a single instance of cocaine use in 2014.
The judge determined that the applicant had successfully resolved her financial delinquencies and tax issues, which stemmed from an abusive marriage. She demonstrated a commitment to financial stability through budgeting and savings.
Regarding the drug involvement, the applicant's one-time cocaine use was considered a lapse in judgment that had not recurred. She provided a sworn statement of intent to refrain from future drug use. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant successfully resolved her financial delinquencies and tax issues resulting from an abusive marriage.
- She demonstrated a commitment to financial stability through budgeting and savings.
- The applicant's one-time drug use was deemed a lapse in judgment that has not recurred, and she provided a sworn statement of intent to refrain from future drug use.
Conditions Referenced
- F.19.araisedInability to Satisfy Debts
- F.19.braisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- F.19.craisedA History of Not Meeting Financial Obligations
- F.19.fraisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required
- H.25.araisedAny Substance Misuse
- F.20.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20.bappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- F.20.cappliedThe Individual Has Received or Is Receiving Financial Counseling
- F.20.dappliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors
- F.20.gappliedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount Owed
- H.26.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- H.26.bappliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedApr 19, 2016
- Answer filedJun 13, 2016
- Hearing heldJul 11, 2017
- Decision dateJan 25, 2018
Cite For
- Mitigating Conditions for Financial Considerations Under Guideline F
- Mitigating Conditions for Drug Involvement Under Guideline H
- Whole-person Analysis in Security Clearance Determinations