Summary
A 45-year-old Master Painter employed by a defense contractor was granted a security clearance despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant's criminal history included misdemeanor charges for driving while license suspended in 1992 and 1996, and a 1995 conviction for driving with a BAC of .08% or more, which resulted in probation revocation and jail time. These criminal conduct issues were considered not recent, with the last offense occurring over six years prior to the clearance decision.
Financial concerns arose from the applicant being over 180 days delinquent on multiple debts, including state taxes and child support. While he disclosed two past-due debts on his questionnaire, he failed to disclose two others. The applicant admitted to his indebtedness, but stated that most creditors had been paid in full. He was making monthly payments to the IRS for back taxes, and a state tax lien appeared to have been released. A child support arrearage was under investigation, with the applicant committed to its resolution. The judge found that his financial difficulties were largely due to extensive periods of unemployment.
The applicant also faced allegations of intentionally falsifying his background during the screening process by failing to disclose all past-due debts. However, the judge determined that the applicant had made good faith efforts to resolve most of his indebtedness following his divorce. Given that the criminal conduct was not recent and the financial difficulties were largely due to circumstances beyond his control, coupled with his efforts to resolve debts, the security clearance was granted.
Why the Applicant Prevailed
- The applicant's criminal conduct was not recent, with the last offense occurring over six years ago.
- The applicant's financial difficulties were largely due to extensive periods of unemployment.
- The applicant made good faith efforts to resolve most of his indebtedness following his divorce.
Conditions Referenced
- J1raisedCriminal Conduct
- F1raisedFinancial Considerations
- F3raisedFinancial Considerations
- J1appliedCriminal ConductThe criminal conduct was not recent.
- F3appliedFinancial ConsiderationsThe conditions that resulted in the behavior were largely beyond the person's control.
- F6appliedFinancial ConsiderationsThe individual initiated a good-faith effort to repay overdue creditors.
- E1appliedPersonal ConductThe applicant did not intentionally conceal information from the Government.
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedDec 17, 2001
- Answer filedMar 25, 2002
- Hearing heldAug 29, 2002rescheduled from August 13, 2002
- Decision dateNov 21, 2002
Cite For
- Mitigation of Financial Difficulties Due to Unemployment Under Guideline F
- Non-recent Criminal Conduct Under Guideline J
- Lack of Intentional Falsification Under Guideline E