Summary
This case involved a 47-year-old program manager and military veteran whose security clearance was initially questioned under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). Concerns included a 2007 employment termination due to a security infraction involving US embassy photographs found on his personal computer and external hard drive. Additionally, the applicant was alleged to have provided misleading information about this termination on his 2010 and 2012 security clearance applications and during a 2014 interview.
Financial concerns arose from a Chapter 7 bankruptcy filed in June 2015 and discharged in September 2015, followed by a Chapter 13 bankruptcy filing in October 2015. The Chapter 13 filing faced a motion to dismiss in March 2016 due to unlisted creditors, which complicated the performance plan.
Ultimately, the security clearance was GRANTED. The judge determined that the applicant's financial difficulties stemmed from circumstances beyond his control, such as divorce and unemployment, and that he had made good faith efforts to resolve his debts. Furthermore, the applicant successfully rebutted the allegations of falsifying information regarding his employment termination, providing credible evidence to support his claims. He demonstrated responsible management of his current financial obligations.
Why the Applicant Prevailed
- The applicant demonstrated that his financial issues were largely due to circumstances beyond his control, including divorce and unemployment.
- He provided credible evidence that he did not falsify information on his security clearance applications.
- The applicant has shown a good faith effort to resolve his financial obligations and is currently managing his debts responsibly.
Conditions Referenced
- FC DC AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- FC DC AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- FC MC AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- FC MC AG ¶ 20(b)appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person’s Control and the Individual Acted Responsibly Under the Circumstances
- FC MC AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- FC MC 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
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 18, 2016
- Answer filed—Timely answered the SOR.
- Hearing heldApr 28, 2017Hearing scheduled on 03/21/2017.
- Decision dateJun 7, 2017
Cite For
- Mitigating Conditions for Financial Difficulties Under Guideline F
- Rebuttal of Falsification Allegations Under Guideline E
- Whole-person Concept in Security Clearance Evaluations