Summary
A 33-year-old engineer working for a Department of Defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited a $10,600 judgment against the applicant and her father for past-due condominium fees, stemming from a failed real estate investment. Additionally, the applicant had not filed her 2009 and 2010 tax returns by their due dates.
The judge found that the applicant had taken responsible actions to resolve her financial problems. She demonstrated responsible financial management and resolved her financial obligations, including the judgment against her.
Regarding personal conduct, the applicant's past marijuana use was infrequent and occurred under unique circumstances, with no recurrence since high school. Based on these mitigating factors, the judge determined that the security concerns were resolved, and the applicant's security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated responsible financial management and resolved her financial obligations, including a judgment against her.
- The applicant's past marijuana use was infrequent and occurred under unique circumstances, with no recurrence since high school.
Conditions Referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- E.2.craisedCredible Adverse Information in Several Adjudicative Issue Areas
- E.2.graisedAssociation with Persons Involved in Criminal Activity
- F.2.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.2.bappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.2.cappliedThe 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.2.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- E.2.cappliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
- E.2.dappliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior
- E.2.gappliedAssociation with Persons Involved in Criminal Activity Has Ceased
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 15, 2011
- Answer filedAug 22, 2011
- Hearing heldDec 6, 2011
- Decision dateFeb 16, 2012
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Infrequent and Minor Past Drug Use Under Guideline E
- Responsible Actions Taken to Resolve Financial Obligations