Summary
A 50-year-old defense contractor and former military intelligence officer was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline K (Handling Protected Information). The Statement of Reasons cited an unpaid $158 debt to a telephone company and the presence of classified information stored in his home, in addition to a $499 medical debt that was subsequently paid.
The applicant successfully mitigated these concerns. His financial difficulties, including the debts, were attributed to his wife's medical condition and a period of job loss. He demonstrated a good-faith effort to resolve these issues, including paying off some debts and completing financial counseling.
Regarding the classified information, the judge found its possession to be inadvertent and not intentional, supported by credible testimony. The applicant demonstrated a positive attitude toward safeguarding classified information. Ultimately, the judge concluded that the applicant's financial problems were under control and that he had addressed the concerns related to protected information, leading to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve financial issues, including paying off some debts and completing financial counseling.
- The applicant's handling of classified information was deemed inadvertent and not intentional, with credible testimony supporting his claims.
- The applicant's financial problems were largely due to circumstances beyond his control, including his wife's illness and job loss.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- K.34(b)raisedCollecting or Storing Classified or Other Protected Information at Home or in Any Other Unauthorized Location
- K.34(g)raisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- F.20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20(c)appliedThe 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
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- K.35(a)appliedSo Much Time Has Elapsed Since the Behavior, or It Has Happened so Infrequently or Under Such Unusual Circumstances, That It Is Unlikely to Recur
- K.35(b)appliedThe Individual Responded Favorably to Counseling or Remedial Security Training
Key Rule Quoted
“An applicant is not required, as a matter of law, to establish resolution of every debt alleged in the SOR.”
Procedural Posture
- SOR issuedJun 13, 2011
- Answer filedJul 12, 2011
- Hearing heldOct 17, 2011
- Decision dateNov 21, 2011
Cite For
- Mitigation of Financial Issues Due to Medical Circumstances
- Inadvertent Handling of Classified Information
- Good-faith Efforts to Resolve Debts and Financial Counseling