Summary
A 31-year-old Electronic Engineer II was denied a security clearance due to significant financial delinquencies and two criminal incidents, falling under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant admitted to at least seven delinquent debts totaling approximately $29,700. These included a $20,502 debt for furniture purchased by his estranged wife, a $3,543 furniture storage debt, and two other debts of $1,914 and $1,988. While one obligation of about $660 was satisfied, and plans were in place to address a $585 debt to an apartment complex, a $461 debt remained unrecognized and undisputed.
The applicant also had two criminal arrests. The first involved felony charges for Breaking and Entering, Larceny, and Possession of Stolen Property, which were dropped by the victim. The second arrest was for Misdemeanor Assault by Pointing a Gun, Misdemeanor Assault with a Deadly Weapon, and Simple Assault, with charges dropped by the District Attorney.
Despite some mitigating factors, the judge found that the applicant's financial situation remained largely unaddressed. The applicant's voluntary departure from two jobs contributed to unemployment and an inability to pay debts, and insufficient evidence was provided regarding efforts to resolve financial obligations or document payments. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant admitted to multiple financial delinquencies totaling approximately $29,700, with only one small debt paid off.
- The applicant voluntarily left two jobs, leading to significant periods of unemployment that impacted his ability to pay debts.
- The applicant failed to provide sufficient evidence of efforts to resolve his financial obligations or to document payments made to creditors.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 20(b)appliedConditions That Resulted in the Behavior Were Largely Beyond the Person’s ControlThe applicant's estranged wife's unauthorized use of his credit card contributed significantly to his financial issues.
- AG ¶ 32(a)appliedTime Elapsed Since the Criminal Behavior or Unusual CircumstancesThe criminal incidents were uncharacteristic and resolved without prosecution.
- AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant refrained from alcohol after the incidents.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 24, 2008
- Answer filedDec 15, 2008Request for hearing received.
- Hearing heldSep 16, 2008Hearing convened as scheduled.
- Decision dateOct 6, 2008Record closed.
Cite For
- Evaluation of Financial Delinquencies Under Guideline F
- Impact of Voluntary Unemployment on Security Clearance Eligibility
- Consideration of Uncharacteristic Criminal Conduct Under Guideline J