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Summary

The applicant, a 33-year-old security officer employed by a defense contractor, sought a security clearance under Guidelines E (personal conduct) and F (financial considerations). The applicant successfully mitigated concerns related to multiple debts and a past misdemeanor traffic offense, demonstrating responsible financial behavior and compliance with legal obligations. The clearance was granted based on the applicant's efforts to resolve debts and his overall reliability.

Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: On April 17, 2011, Applicant was charged with “No Permit” by a local government for a traffic-related offense. He failed to appear on May 5, 2011, and a bench warrant was issued. On May 12, 2014, he pled guilty and was sentenced to 15 days in jail, execution of sentence suspended, placed on unsupervised probation for six months, and ordered to pay a $50 fine. All terms of his sentence have been met to include paying his fine. CONCERN RESOLVED (2.a). Judgment filed against Applicant in January 2012 in the amount of $23,051 (1.a). Internal Revenue Service (IRS) tax lien in the amount of $5,037 filed in August 2008 (1.b). Local government tax lien in the amount of $4,976 filed in August 2008 (1.c). Local government tax lien in the amount of $4,592 filed in September 2007 (1.d). Cell phone collection account in the amount of $1,773 (1.e). Charged-off credit card account in the amount of $475 (1.f). Leasing company collection account in the amount $2,372 (1.g). Cable company collection account in the amount of $532 (1.h). Local government collection account in the amount of $100 (1.i). Local government collection account in the amount of $50 (1.j). Charged-off cell phone bill in the amount of $721 (1.k).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 16(c), AG ¶ 16(d). The judge applied mitigating conditions AG ¶ 20(d), AG ¶ 20(e), AG ¶ 17(d), AG ¶ 17(e). The decision turned on the following: The applicant demonstrated a good-faith effort to resolve outstanding debts, including filing for bankruptcy due to identity theft; The applicant completed all terms of his sentence related to a misdemeanor traffic offense, including paying fines and fulfilling probation requirements; The applicant's financial issues were being resolved, and he maintained current payments on his obligations.

Why the Applicant Prevailed

• The applicant demonstrated a good-faith effort to resolve outstanding debts, including filing for bankruptcy due to identity theft.
• The applicant completed all terms of his sentence related to a misdemeanor traffic offense, including paying fines and fulfilling probation requirements.
• The applicant's financial issues were being resolved, and he maintained current payments on his obligations.

Conditions Referenced

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

• SOR issuedSep 8, 2014
• Answer filedOct 14, 2014Applicant elected to proceed without a hearing.
• Hearing held—Case decided on the written record.
• Decision dateOct 13, 2015

Cite For

• Mitigation of Financial Issues Under Guideline F
• Resolution of Personal Conduct Issues Under Guideline E
• Whole-person Assessment in Security Clearance Determinations