Summary
A 33-year-old help service manager was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline H (Drug Involvement). The Statement of Reasons cited two past-due mortgage debts: $6,610 on a second mortgage and $22,547 on a primary mortgage. Additionally, the applicant had used marijuana from January 2004 to April 2009 and, on at least two occasions, used unprescribed pain medication.
Disqualifying conditions under AG ¶ 19(a), AG ¶ 19(c), and AG ¶ 25(a) were raised. However, the judge applied mitigating conditions under AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 26(a), and AG ¶ 26(b).
The clearance was granted because the applicant demonstrated responsible financial behavior by seeking assistance, paying off debts without bankruptcy, and providing evidence of financial counseling and a budget. Furthermore, his last drug use was over 18 months before the hearing, and he committed to future abstinence from illegal drugs.
Why the Applicant Prevailed
- The applicant demonstrated responsible financial behavior by seeking assistance and paying off debts without declaring bankruptcy.
- He provided evidence of financial counseling and a budget that showed he was living within his means.
- The applicant's last drug use was over 18 months prior to the hearing, and he expressed a commitment to abstain from illegal drugs in the future.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedApr 26, 2010
- Answer filedJun 1, 2010
- Hearing heldSep 30, 2010
- Decision dateMay 11, 2011
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Demonstrated Intent to Abstain From Drug Use Under Guideline H
- Importance of Financial Counseling in Mitigating Security Concerns