Summary
A computer systems engineer in his late forties was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant had over $30,000 in unresolved debts, including two judgments totaling over $5,000, medical and collection accounts, and a student loan of $23,901. While a state tax lien of $4,380 was resolved, the applicant had previously filed for Chapter 7 bankruptcy in 2009, discharging $40,000 to $45,000 in debt.
Additionally, the applicant had a lengthy criminal record. In 1995, a marijuana possession charge was dismissed, but he failed to disclose it. In 2005, he was convicted of issuing bad checks, receiving a 90-day suspended sentence and one year of probation with a "good behavior" clause prohibiting moving violations. Five months later, he violated probation with a driving on a suspended license conviction, leading to another 90-day suspended sentence and three years of probation. He omitted these convictions and probation violations from his security clearance application. Between 2009 and 2014, he accumulated 14 driving offense convictions, though his last infraction was in January 2014, and he testified about remedial steps taken.
Despite mitigating some criminal conduct concerns, the applicant failed to demonstrate responsible financial management or a sustained reform in behavior regarding his financial obligations. The decision cited over $30,000 in delinquent debts, his failure to address these obligations despite promises, and his long history of traffic offenses as reasons for the denial.
Why the Applicant Was Denied
- Applicant has over $30,000 in delinquent debts, including a significant student loan default.
- He failed to take action to address his financial obligations despite promises to do so during the clearance process.
- Applicant has a long history of traffic offenses, raising concerns about his judgment and compliance with rules.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 20(d)rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsApplicant failed to provide documentation of efforts to resolve debts.
- AG ¶ 17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so InfrequentApplicant's extensive record of traffic violations is not minor and raises significant concerns.
- AG ¶ 17(d)rejectedThe Individual Has Acknowledged the Behavior and Obtained CounselingApplicant has not received financial counseling and has not demonstrated behavior change.
Key Rule Quoted
“"[N]o one has a ‘right’ to a security clearance."”
Procedural Posture
- SOR issuedDec 13, 2013
- Answer filedJan 21, 2014
- Hearing heldMay 14, 2014
- Decision dateJul 17, 2014
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Impact of a Lengthy Criminal Record on Security Clearance Eligibility Under Guideline E
- Importance of Demonstrating Responsible Financial Management in Security Clearance Cases.