Summary
The applicant, a 32-year-old electronic technician and former U.S. Air Force staff sergeant, sought a security clearance despite financial issues and allegations of sexual behavior. The applicant's debts, totaling over $32,000, were discharged in bankruptcy, and he demonstrated responsible financial management post-bankruptcy. The judge found that the applicant's sexual conduct, while concerning, was disclosed to authorities and ceased upon receiving notice of the security concerns. Ultimately, the applicant was granted a security clearance.
Under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant admitted engaging in sexual activity in front of a web-camera, but denied doing so for compensation (2.a). Since obtaining his current job, he has not shown his face while participating with her. After receiving the SOR, he stopped all participation (2.b). $8,272 obligation from repossession of a 2007 Ford Fusion (1.a). $44 insurance debt (1.c). $672 payday loan (1.d). $415 telephone bill (1.e). $300 hospital bill (1.f). $378 loan (1.g). $5,934 obligation from repossession of a 2006 Ford Mustang (1.h). $1,934 department store debt (1.i). $949 department store debt (1.j). $2,251 collection on the same department store account listed in SOR 1.i (1.k). $1,086 telephone bill (1.l). $199 telephone company collection account (1.m). $1,539 child support obligation (1.n).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant's debts were discharged in bankruptcy, resolving financial concerns; The applicant demonstrated responsible financial management after bankruptcy, including automatic child support deductions; The applicant disclosed his sexual conduct to the security facility officer and ceased participation upon receiving notice of concerns.
Why the Applicant Prevailed
- The applicant's debts were discharged in bankruptcy, resolving financial concerns.
- The applicant demonstrated responsible financial management after bankruptcy, including automatic child support deductions.
- The applicant disclosed his sexual conduct to the security facility officer and ceased participation upon receiving notice of concerns.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 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
- AG ¶ 20(d)rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsBankruptcy cannot be characterized as a good-faith effort to satisfy debts.
Key Rule Quoted
“The protection of the interests of security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 27, 2014
- Answer filedMar 21, 2013
- Hearing heldSep 18, 2014held by video teleconference
- Decision dateDec 9, 2014
Cite For
- Discharge of Debts in Bankruptcy as a Mitigating Factor Under Guideline F
- Disclosure of Sexual Conduct to Authorities as a Mitigating Factor Under Guideline D
- Consideration of Personal Circumstances in Financial Difficulties Under Guideline F