Summary
A 49-year-old military retiree and federal contractor was granted a security clearance despite initial concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and K (Handling Protected Information). The Statement of Reasons cited 13 financial delinquencies and a failure to properly secure a classified hard drive at the end of a workday, which violated specific paragraphs of the NISPOM and raised doubts about the applicant's judgment and reliability.
However, the judge found that the applicant successfully mitigated these concerns. For financial issues, the applicant demonstrated a history of stability and responsibility following the past delinquencies. Evidence included active payment plans and settlements for outstanding debts, indicating a good-faith effort to resolve financial obligations.
Regarding the security infraction, it was determined to be a one-time event that did not result in any compromise of classified information. The applicant also presented a long history of compliance with security protocols, which further mitigated the concern. Based on these factors, the security clearance was granted.
Why the applicant prevailed
- The applicant demonstrated a history of financial stability and responsibility after addressing past delinquencies.
- He provided evidence of active payment plans and settlements for debts, showing a good-faith effort to resolve financial issues.
- The applicant's security infraction was a one-time event, with no compromise of classified information, and he had a long history of compliance with security protocols.
Conditions referenced
- AG F 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG K 34(b)raisedDeliberate or Negligent Failure to Comply with Rules and Regulations for Protecting Classified Information
- AG E 15raisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- AG F 20(a)appliedThe Financial Problems Occurred so Long Ago or Were Infrequent, Unlikely to Recur
- AG F 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG F 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- AG F 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay Overdue Creditors
- AG K 35(a)appliedSo Much Time Has Elapsed Since the Behavior, or It Happened so Infrequently or Under Such Unusual Circumstances
- AG E 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedNov 27, 2007
- Answer filedDec 29, 2007
- Hearing heldDec 3, 2008Hearing was continued at the request of Applicant's counsel.
- Decision dateDec 23, 2008
Cite for
- Mitigation of Financial Considerations Under Guideline F
- Handling of Classified Information Under Guideline K
- Personal Conduct Issues Under Guideline E