Summary
A 42-year-old defense contractor was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline H (Drug Involvement). The financial concerns stemmed from multiple outstanding debts, including a mortgage and home equity line of credit that fell behind in January 2014, and several other debts totaling $4,544, $3,046, $3,228, $753, $12,958, $3,434, and $8,017. Additionally, the applicant owed $8,481 for 2010 taxes and $702 for 2011 taxes, including penalties and interest.
Concerns under Guideline H related to past drug abuse, illegal drug possession, and possession of drug paraphernalia. However, the judge found that the applicant had taken substantial steps to address these issues.
The applicant established and implemented a plan to resolve her financial problems, with many of the issues attributed to circumstances beyond her control. She also credibly testified to her commitment to remain drug-free, having abstained from illegal drug use since September 2013. Based on these mitigating factors, the applicant was granted eligibility for a security clearance.
Why the Applicant Prevailed
- The applicant established a plan to resolve her financial problems and has taken significant action to implement that plan.
- The applicant credibly testified to her commitment to remain drug-free and has abstained from illegal drug use since September 2013.
- The applicant's financial issues were largely due to circumstances beyond her control, and she has made good-faith efforts to repay her debts.
Conditions Referenced
- F.19.araisedInability or Unwillingness to Satisfy Debts
- F.19.craisedA History of Not Meeting Financial Obligations
- H.25.araisedAny Drug Abuse
- H.25.craisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- F.20.bappliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20.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.20.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- H.26.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- H.26.bappliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 20, 2014
- Answer filedDec 5, 2014
- Hearing heldApr 2, 2015
- Decision dateApr 30, 2015
Cite For
- Mitigation of Financial Considerations Under Guideline F Due to Proactive Debt Management
- Demonstrated Intent to Abstain From Drug Use Under Guideline H
- Whole-person Analysis in Security Clearance Determinations.