Summary
A 59-year-old defense contractor employee, with over 30 years of security clearance, had his clearance granted despite concerns under Guideline F (Financial Considerations) and Guideline K (Handling Protected Information). The applicant faced allegations of four delinquent debts totaling $1,431, an unidentified $50 medical debt, and a Chapter 13 bankruptcy filing in May 2010. He was also cited for not addressing three of the alleged debts.
Under Guideline K, two security incidents were noted: in January 2012, a classified board was inadvertently left on a rack, and in March 2012, the applicant left a secure lab without setting the alarm. Disqualifying conditions F.19(a), F.19(c), and K.34(g) were raised.
However, the judge applied mitigating conditions F.20(a), F.20(b), F.20(c), F.20(d), K.35(a), and K.35(b). The applicant demonstrated a good-faith effort to resolve his financial debts, which were largely beyond his control due to medical issues and family obligations. The security incidents were deemed isolated with no risk of compromise, and the applicant showed a positive attitude toward his security responsibilities. Ultimately, the judge found that the applicant mitigated the concerns, and his security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve financial debts, with clear indications of improvement.
- The financial issues were largely beyond the applicant's control, stemming from medical and family circumstances.
- The security incidents were isolated, with no risk of compromise, and the applicant showed a positive attitude towards his security responsibilities.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- K.34(g)raisedFailure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- F.20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to Recur
- F.20(b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
- F.20(c)appliedReceived or Is Receiving Counseling for the Problem And/or Clear Indications That the Problem Is Being Resolved
- F.20(d)appliedInitiated a Good-faith Effort to Repay Overdue Creditors or Resolve Debts
- K.35(a)appliedSo Much Time Has Elapsed Since the Behavior, or It Has Happened so Infrequently or Under Unusual Circumstances
- K.35(b)appliedResponded Favorably to Counseling or Remedial Security Training
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedMar 19, 2015
- Answer filedApr 4, 2015
- Hearing heldJul 21, 2015
- Decision dateOct 21, 2015
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Handling of Security Incidents with No Risk of Compromise Under Guideline K
- Application of the Whole-person Concept in Security Clearance Determinations