Summary
The applicant, a 28-year-old defense contractor seeking a security clearance, faced concerns under Guideline B (Foreign Influence) due to his mother's illegal residency in the U.S. and under Guideline F (Financial Considerations) for being financially overextended. The judge found that the applicant's close relationship with his mother posed a potential security risk and that his financial irresponsibility demonstrated poor judgment, leading to a denial of his clearance.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The Applicant is ineligible for clearance because he has foreign contacts, which could create the potential for foreign influence that could result in the compromise of classified information (1.a). The Applicant is financially overextended and at risk of having to engage in illegal acts to generate funds (2.a). The Applicant has failed to file his Federal and state income tax returns for tax year 2013 (2.b). a delinquent a credit card account placed for collections in the approximate amount of $2,161 remains owing (2.a). a pay day cash advance loan account in the amount of $315 remains owing (2.b). a delinquent debt owed to an insurance company for an account placed for collection in the amount of $180 remains owing (2.c). a delinquent debt owed to cellular telephone company that was placed for collection in the amount of $150 has been paid (2.d). failed to file his Federal and state income tax returns for tax year 2013 (2.e). failed to file his Federal and state income tax returns for tax year 2013 (2.f).
The judge denied the clearance. The government raised disqualifying conditions B7(a), B7(b), B7(d), F19(a), F19(c), F19(g). The judge applied mitigating conditions B8(b), F20(b). The decision turned on the following: The applicant's mother is an illegal resident, creating a potential for foreign influence and coercion; The applicant has a history of financial irresponsibility, including delinquent debts and failure to file tax returns on time.
Why the Applicant Was Denied
- The applicant's mother is an illegal resident, creating a potential for foreign influence and coercion.
- The applicant has a history of financial irresponsibility, including delinquent debts and failure to file tax returns on time.
Conditions Referenced
- B7(a)appliedContact with a Foreign Family Member
- B7(b)appliedConnections to a Foreign Person
- B7(d)appliedSharing Living Quarters with a Foreign National
- F19(a)appliedInability or Unwillingness to Satisfy Debts
- F19(c)appliedHistory of Not Meeting Financial Obligations
- F19(g)appliedFailure to File Income Tax Returns
- B8(b)rejectedNo Conflict of Interest
- F20(b)rejectedConditions Beyond Control
Key Rule Quoted
“The adjudicative process is the careful weighing of a number of variables known as the whole-person concept.”
Procedural Posture
- SOR issuedApr 1, 2016
- Answer filedApr 16, 2016
- Hearing heldJul 7, 2016record remained open until July 21, 2016
- Decision dateOct 19, 2016
Cite For
- Potential Security Risk Due to Foreign Influence From Family Members
- Financial Irresponsibility as a Basis for Clearance Denial
- Whole-person Assessment in Security Clearance Decisions