Summary
A 30-year-old defense contractor and Navy veteran was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline H (Drug Involvement). The Statement of Reasons cited four delinquent debts: $533 for a credit card, $174 for another debt, $15,370 owed to the Defense Finance and Accounting Service (DFAS), and $2,253 in consumer debt. Additionally, the applicant admitted to using marijuana a few times in high school and once in 2008 while camping.
The applicant successfully mitigated these concerns. Most delinquent debts were resolved promptly upon the applicant becoming aware of them. The remaining minor debt was not being pursued by creditors and was not deemed indicative of current financial irresponsibility. The financial issues largely stemmed from personnel errors during his military discharge.
Regarding drug involvement, the applicant expressed remorse for the single instance of marijuana use in 2008 and demonstrated a credible intent to avoid future drug use, maintaining a drug-free lifestyle since that time. The judge found that the applicant fully mitigated all security concerns, leading to the granting of the security clearance.
Why the Applicant Prevailed
- The applicant resolved most delinquent debts promptly upon awareness.
- The remaining debt was minor, unpursued by creditors, and not indicative of current financial irresponsibility.
- The applicant demonstrated a credible intent to avoid future drug use and has maintained a drug-free lifestyle since 2008.
Conditions Referenced
- F.19.araisedInability or Unwillingness to Satisfy Debts
- F.19.craisedA History of Not Meeting Financial Obligations
- H.25.araisedAny Drug Abuse
- H.25.braisedTesting Positive for Illegal Drug Use
- H.25.graisedAny Illegal Drug Use After Being Granted a Security Clearance
- F.20.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20.bappliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- F.20.eappliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
- H.26.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- H.26.bappliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
Key Rule Quoted
“An applicant is not required to show that [he] has completely paid off [his] indebtedness, only that [he] has established a reasonable plan to resolve [his] debts and has ‘taken significant actions to implement that plan.’”
Procedural Posture
- SOR issuedDec 6, 2010
- Answer filedDec 23, 2010
- Hearing heldMay 12, 2011
- Decision dateSep 6, 2011
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Personal Circumstances
- Demonstrated Intent to Avoid Future Drug Use Under Guideline H
- Significant Actions Taken to Resolve Debts and Maintain Financial Stability