Summary
The applicant, a 47-year-old federal contractor with a history of financial problems and a 2009 conviction for second-degree assault, sought a security clearance. The judge found that the applicant's ongoing financial issues and criminal conviction raised significant doubts about his judgment and reliability, leading to a denial of the security clearance.
Under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: $3,055 unpaid judgment for homeowners’ association (1.a). $1,234 collection account (1.b). $887 charged-off account (1.c). $460 medical account in collection (1.d). $247 medical account in collection (1.e). $29,912 past-due on a mortgage loan, with a balance of $225,000, in foreclosure (1.f). $1,686 unpaid judgment for homeowners’ association (1.g). $8,299 unpaid judgment based on personal loan (1.h). $841 collection account (1.i). $641 past-due account (1.j). $218 medical account in collection (1.k). $459 medical account in collection (1.l). $260 collection account (1.m). $42 medical account in collection (1.n). Applicant has a 2009 conviction for second-degree assault for which he is serving probation (2.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 30. The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 31(d). The decision turned on the following: The applicant has a history of financial problems, including multiple judgments and liens; The applicant's criminal conviction for second-degree assault and status as a probationer raised concerns about his judgment and reliability.
Why the Applicant Was Denied
- The applicant has a history of financial problems, including multiple judgments and liens.
- The applicant's criminal conviction for second-degree assault and status as a probationer raised concerns about his judgment and reliability.
Conditions Referenced
- AG ¶ 19(a)appliedFinancial Considerations
- AG ¶ 30appliedCriminal Conduct
- AG ¶ 20(b)rejectedFinancial ConsiderationsThe applicant's financial problems were largely due to circumstances beyond his control, but this was insufficient to mitigate the overall concerns.
- AG ¶ 31(d)rejectedFinancial ConsiderationsThe applicant made efforts to resolve debts, but the ongoing nature of his financial issues undermined this mitigation.
Key Rule Quoted
“The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedFeb 4, 2010
- Answer filedTimely
- Hearing heldApr 30, 2010
- Decision dateJul 30, 2010
Cite For
- Denial of Security Clearance Due to Ongoing Financial Issues Under Guideline F
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Consideration of Personal Circumstances in Financial Mitigation Efforts