Summary
A 45-year-old owner of a government contracting company was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline H (Drug Involvement). The financial issues stemmed from medical problems and a history of financial difficulties. Specific allegations included charges in February and April 1995 for Negotiating Worthless Instruments (Checks), which occurred after her ex-husband, divorced in 1993, withdrew funds from her account without her knowledge, causing insufficient funds.
In August 2003, the applicant filed for Chapter 7 bankruptcy protection, with the debt discharged in 2004. Current delinquent debts, as of December 2008 and June 2008 credit reports, included multiple unpaid medical provider debts totaling $1,050, an unpaid medical entity debt of $316, a disputed credit card account of $1,339, an unpaid credit card debt of $1,092, an unpaid collection for a bank of $981, multiple unpaid medical collections totaling $365, an unpaid automobile account of $12,548, and an unresolved past due mortgage redeemed through foreclosure.
Additionally, the applicant used marijuana on one occasion in December 2006, after being granted a security clearance. The judge found that the applicant failed to demonstrate sufficient mitigation of the financial concerns and did not adequately address the drug involvement allegation, leading to the denial of her security clearance.
Why the Applicant Was Denied
- The applicant failed to demonstrate an ability to manage her financial obligations, as evidenced by multiple unpaid debts and a history of bankruptcy.
- The applicant's drug involvement, specifically the use of marijuana, raised concerns about her reliability and trustworthiness.
- The applicant did not provide sufficient evidence to mitigate the financial concerns raised by the government.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 25(a)raisedUse of an Illegal Drug
- AG ¶ 20(a)rejectedBehavior Happened Long Ago or InfrequentlyThe judge found that the applicant's past financial issues were not sufficient to mitigate current concerns.
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's ControlThe applicant's financial difficulties were attributed to her medical issues.
- AG ¶ 20(c)rejectedReceived or Receiving CounselingThe applicant's financial counseling was deemed ineffective in addressing her current financial situation.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 10, 2009
- Answer filedMar 6, 2009Applicant admitted 12 of 17 allegations.
- Hearing heldJul 14, 2009Hearing convened as scheduled.
- Decision dateSep 30, 2009
Cite For
- Denial of Security Clearance Due to Financial Instability Under Guideline F
- Impact of Drug Involvement on Security Clearance Eligibility Under Guideline H
- Consideration of Medical Issues as a Mitigating Factor in Financial Concerns