Summary
The applicant, a 59-year-old deputy contracts manager for a defense contractor, faced security clearance concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to a history of financial difficulties and past fraudulent check offenses. The judge found that the applicant had taken significant steps to resolve his financial issues and had demonstrated responsible behavior, leading to a decision to grant his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant was charged with fraudulent check violations in 1995, 1997, and 2000, and failed to appear in court in 2001 (2.a). Applicant admitted to issuing checks without sufficient funds, resulting in multiple charges (2.b). Applicant's failure to keep accurate records led to the issuance of insufficient funds checks (2.c). Applicant was charged with failure to appear in court related to a fraudulent check charge (2.d). Applicant admitted to being charged with issuing another fraudulent check in January 2000 (2.e). medical debts of $99 (1.a). medical debts of $457 (1.b). medical debts of $49 (1.c). medical debts of $41 (1.d). medical debts of $302 (1.e). medical debts of $188 (1.f). medical debts of $207 (1.g). student loans in collection for $46,279 (1.h). a mortgage 60 days past due for $1,068 (1.i). medical debts of $466 (1.j). medical debts of $605 (1.k). medical debts of $246 (1.l). medical debts of $78 (1.n). a telephone debt in collection for $102 (1.o).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 16(e). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 17(c), AG ¶ 17(d), AG ¶ 17(e). The decision turned on the following: The applicant demonstrated a consistent effort to resolve his financial obligations, including paying off most of his delinquent debts; He provided evidence of a stable income and a budget that allowed for discretionary spending, indicating financial responsibility; The applicant acknowledged his past conduct regarding fraudulent checks and has since maintained good financial records and employment.
Why the Applicant Prevailed
- The applicant demonstrated a consistent effort to resolve his financial obligations, including paying off most of his delinquent debts.
- He provided evidence of a stable income and a budget that allowed for discretionary spending, indicating financial responsibility.
- The applicant acknowledged his past conduct regarding fraudulent checks and has since maintained good financial records and employment.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
- AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Taken Positive Steps to Alleviate the Stressors
- AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedSep 13, 2010
- Answer filedOct 28, 2010
- Hearing heldMay 5, 2011Applicant waived the 15 days notice requirement.
- Decision dateAug 1, 2011
Cite For
- Mitigating Conditions for Financial Difficulties Under Guideline F
- Mitigating Conditions for Personal Conduct Under Guideline E
- Whole-person Analysis in Security Clearance Decisions