Summary
The applicant, a 32-year-old electrician employed by a defense contractor, faced security concerns under Guideline E (personal conduct) and Guideline F (financial considerations) due to financial difficulties stemming from a failed business and past alcohol-related offenses. The judge found that the applicant had made consistent efforts to resolve his debts and that his past conduct no longer posed a security risk, ultimately granting the security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: A tax lien was filed against Applicant due to unpaid payroll taxes, which has been satisfied (1.a). Applicant has a medical debt of $100 that has been paid (1.b). Applicant has a medical debt of $471 that has been paid (1.c). Applicant has a debt of $20,000 that he has been making consistent payments on since 2007 (1.d). Applicant has a debt of $10,000 that he has been making consistent payments on since 2007 (1.e). Applicant has a debt of $5,000 that he began making $100 monthly payments on in February 2011 (1.f). Applicant has a debt of $3,000 that he has been making consistent $50 monthly payments on since December 2009 (1.g). An IRS debt was due to the failure to file a tax return, for which Applicant has entered into a repayment agreement and is making $50 monthly payments (1.h).
The judge granted the clearance. The government raised disqualifying conditions DC 19(a), DC 19(c). The judge applied mitigating conditions MC 20(a), MC 20(b), MC 20(c), MC 20(d). The decision turned on the following: The applicant demonstrated a history of making consistent payments on delinquent debts; He credibly testified about plans to resolve debts through Chapter 13 bankruptcy protection; Past personal conduct issues occurred during his teenage years and no longer create a security concern.
Why the Applicant Prevailed
- The applicant demonstrated a history of making consistent payments on delinquent debts.
- He credibly testified about plans to resolve debts through Chapter 13 bankruptcy protection.
- Past personal conduct issues occurred during his teenage years and no longer create a security concern.
Conditions Referenced
- DC 19(a)raisedInability or Unwillingness to Satisfy Debts
- DC 19(c)raisedA History of Not Meeting Financial Obligations
- MC 20(a)appliedThe Behavior Occurred Under Such Circumstances That It Is Unlikely to Recur
- MC 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- MC 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- MC 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors
Key Rule Quoted
“The sole purpose of a security clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedJun 7, 2011
- Answer filedJun 30, 2011
- Hearing heldOct 25, 2011Applicant waived the 15-day notice requirement.
- Decision dateDec 5, 2011
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Proactive Debt Management
- Resolution of Past Personal Conduct Issues Under Guideline E
- Consideration of Circumstances Beyond the Applicant's Control in Financial Matters