Summary
This case concerns a 44-year-old manufacturing technician with a high school diploma and two years of college, whose security clearance application raised concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons detailed several issues, including a failed drug test in December 2003 that led to termination, subsequent inpatient drug treatment for marijuana dependency, and false statements made in March and April 2009 regarding past drug use on his security clearance application and to a defense investigator. Additionally, the applicant was arrested in 2005 for contributing to the delinquency of a minor and solicitation of prostitution, though these charges were dropped. Financial concerns included a delinquent home equity line-of-credit exceeding $10,500.
Disqualifying conditions cited included personal conduct issues related to deliberate misrepresentation and criminal conduct, and financial issues concerning a history of not meeting financial obligations and an inability to satisfy debts.
However, the applicant successfully mitigated these concerns. He demonstrated successful completion of a drug treatment program and maintained seven years of drug-free living. He also took responsible actions to address his financial issues, qualifying for a loan modification program and making timely payments. Character references further supported his reliability and trustworthiness. Based on this evidence of rehabilitation and proactive resolution of issues, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated successful completion of a drug treatment program and maintained seven years of drug-free living.
- The applicant took responsible actions to address financial issues, including qualifying for a loan modification program and making timely payments.
- The applicant provided character references that supported his reliability and trustworthiness.
Conditions Referenced
- E2.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
- E2.braisedDeliberately Providing False or Misleading Information Concerning Relevant Facts to an Employer, Investigator, Security Official, Competent Medical Authority, or Other Official Government Representative
- F2.araisedInability or Unwillingness to Satisfy Debts
- F2.craisedA History of Not Meeting Financial Obligations
- E3.cappliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- E3.dappliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior
- E3.eappliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation or Duress
- F3.bappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control and the Individual Acted Responsibly Under the Circumstances
- F3.cappliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- F3.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 8, 2010
- Answer filedOct 30, 2010
- Hearing heldMay 11, 2011Postponed due to government-wide shutdown threat.
- Decision dateJul 26, 2011
Cite For
- Mitigation of Personal Conduct Issues Under Guideline E Due to Rehabilitation Efforts
- Mitigation of Financial Considerations Through Proactive Debt Management
- Application of the Whole-person Concept in Security Clearance Determinations.