Summary
A 47-year-old machinist was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant faced allegations related to multiple charged-off accounts, including a repossession of two sport watercraft, a department store credit card, a bank loan, and a home improvement store credit card. Additionally, several medical and a cell phone account were in collection. These issues raised Disqualifying Conditions FC DC AG ¶ 19(a) and FC DC AG ¶ 19(c).
Under Guideline E, a Personal Conduct Disqualifying Condition (PC DC) AG ¶ 16(a) was raised due to discrepancies in the applicant's reporting of past marijuana use. On a medical form, he stated daily use in high school, while in an interrogatory, he reported approximately 20 uses during the same period.
However, the judge applied several Mitigating Conditions. The applicant demonstrated responsible financial management through Chapter 13 bankruptcy, and his financial difficulties were attributed to circumstances beyond his control, specifically multiple layoffs. The discrepancies in his reporting of past drug use were not deemed intentional falsification but rather due to illness. Consequently, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated responsible management of finances through Chapter 13 bankruptcy.
- Financial difficulties were primarily due to circumstances beyond the applicant's control, such as layoffs.
- The applicant's past drug use was not found to be intentionally deceptive, as inaccuracies were due to illness.
Conditions Referenced
- FC DC AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- FC DC AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- PC DC AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- FC MC AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- FC MC AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control
- FC MC AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- FC MC AG ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
- PC MC AG ¶ 17(a)appliedThe Individual Did Not Deliberately Provide False Information with the Intent to Deceive
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 5, 2010
- Answer filedOct 27, 2010
- Hearing heldApr 5, 2011Applicant waived the 15-day notice requirement.
- Decision dateJun 9, 2011
Cite For
- Mitigation of Financial Difficulties Due to Circumstances Beyond Control
- Non-intentional Inaccuracies in Personal Conduct Disclosures
- Responsible Management of Debts Through Bankruptcy Proceedings