Summary
A 44-year-old defense contractor and former U.S. Army sergeant was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant had a history of delinquent debts, including three separate $40, $52, and $53 debts to a pizza restaurant for nonsufficient funds checks. Other outstanding debts included $3,267 to a collection company for a financial institution, $106 for a utility company, a $499 medical debt, $1,656 to a jewelry store, $116 for a payday loan, $496 for an internet company, and $665 for a satellite television company. A $721 debt to a financial institution was settled for $505.
Additionally, the applicant was arrested in March 2000 and charged with assault in the third degree, harassment, and domestic violence, though these charges were dismissed. The judge found that the applicant failed to mitigate these concerns, specifically noting his history of delinquent debts and intentional omissions on his security clearance application.
The denial was based on the applicant's failure to resolve multiple delinquent debts, indicating a lack of financial responsibility. Furthermore, the applicant intentionally provided false answers on his security clearance application regarding past drug use and arrests. The applicant's explanations for these omissions were deemed not credible, raising concerns about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant failed to resolve multiple delinquent debts, indicating a lack of financial responsibility.
- The applicant intentionally provided false answers on his security clearance application regarding past drug use and arrests.
- The applicant's explanations for his omissions were not credible, raising concerns about his reliability and trustworthiness.
Conditions Referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- E.2.araisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- J.1.araisedCriminal Conduct, Including Arrests and Charges
- F.2.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant settled one delinquent debt but failed to address others.
- E.2.brejectedThe Individual Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under ControlThe applicant has not received financial counseling.
- E.2.crejectedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt Which Is the Cause of the ProblemThe applicant's disputes were not substantiated for most debts.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMar 11, 2009
- Answer filedMar 31, 2009
- Hearing heldAug 27, 2009Hearing convened as scheduled.
- Decision dateAug 27, 2009
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Intentional Omissions on Security Clearance Applications Under Guideline E
- Impact of Past Criminal Conduct on Security Clearance Eligibility Under Guideline J