Summary
A 47-year-old federal contractor and former military service member was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The denial stemmed from a history of unresolved financial issues and a felony drug conviction.
The applicant's financial record included numerous delinquent accounts. Several collection accounts, ranging from $24 to $1,040, remained unresolved, as did charged-off accounts totaling $1,036 and $12,598. An $870 past-due student loan, a $6,556 past-due mortgage loan in foreclosure, and a $625 state tax lien were also unresolved. While some smaller collection accounts were paid in 2010, and monthly payments were being made on two past-due accounts of $1,107 and $1,331, a significant portion of her debt remained outstanding.
Additionally, the applicant pleaded guilty in 2008 to felony cocaine possession. Although adjudication of guilt and sentencing were withheld following her participation in a pretrial diversion program, this criminal conduct raised concerns. The judge found insufficient evidence to mitigate the security risks associated with both her financial irresponsibility and her criminal history, leading to the denial of the clearance.
Why the Applicant Was Denied
- The applicant has a history of ongoing financial problems, including multiple delinquent debts.
- The applicant pleaded guilty to a felony drug offense, raising concerns about her judgment and reliability.
- Insufficient evidence was presented to mitigate the security concerns stemming from her financial issues and criminal history.
Conditions Referenced
- AG ¶ 30raisedCriminal Conduct
- AG ¶ 24raisedFinancial Considerations
- AG ¶ 20(b)rejectedConditions Beyond ControlWhile the applicant cited personal circumstances contributing to her financial issues, the judge found insufficient evidence of responsible actions taken to address her debts.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay DebtsThe applicant made some payments but did not demonstrate a meaningful resolution of her overall financial situation.
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 issuedNov 24, 2009
- Answer filedTimely
- Hearing heldApr 6, 2010
- Decision dateJun 25, 2010
Cite For
- Ongoing Financial Problems as a Disqualifying Factor Under Guideline F
- Recent Felony Drug Conviction Impacting Security Clearance Eligibility Under Guideline J
- Insufficient Evidence to Mitigate Security Concerns Related to Financial Irresponsibility and Criminal History