Summary
The Applicant, a 37-year-old defense contractor, faced concerns under Guidelines E, F, and J due to financial difficulties, past criminal conduct, and personal conduct issues. He demonstrated proactive efforts to address his debts through a consolidation plan and disclosed his financial issues honestly in his security clearance application. The Administrative Judge found sufficient mitigation for all concerns, resulting in a granted security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: In February of 2003, the Applicant filled out a hand written QNSP wherein he disclosed his known financial delinquencies in excess of 180 days (3.a). In September of 2003, the Applicant executed a sworn statement, in which he stated that his "unpaid tax lien" was being paid through withholdings of his tax refunds, which was a true statement (3.b). The Applicant owes an "AFNI-Bloom" about $927 (1.a). The Applicant allegedly owes about $150 to a utility company (1.b). The Applicant owes about $756 to a bank (1.c). The Applicant owes about $883 on a credit card (1.d). The Applicant owes about $2,230 to another bank (1.e). The Applicant owes about $18,412 to the IRS for a tax lien (1.f). The Applicant allegedly owes about $1,065 to a credit company (1.g). The Applicant allegedly owes about $8,633 as the result of a vehicle repossession (1.h). The Applicant owes about $550 on a credit card (1.i). In February of 1999, the Applicant was arrested for, and subsequently charged with, Disobeying a Court Order, a restraining order regarding an ex-girlfriend. As a result, he was held in jail for four hours, fined, and placed on unsupervised probation for three years (2.a). In April of 2002, the Applicant was arrested for, and subsequently pled Nolo Contendere to, Driving Under the Influence (DUI). He spent six days in a county jail, was fined, ordered to attend a First Offender Alcohol Program, and placed on three years probation (2.b). The Applicant has, in fact, filed his federal income tax returns for tax years 1998, 2000, 2001 and 2002 (2.c). The Applicant did not violate 18 U.S.C. 1001 when he executed his April 2003 SCA, or when he executed his September 11, 2003 sworn statement, as will be discussed under Paragraph 3 of the SOR (2.d).
The judge granted the clearance. The government raised disqualifying conditions F3, J2. The judge applied mitigating conditions F3, F5, J1, E2. The decision turned on the following: The Applicant is actively addressing all admitted past due debts through a debt consolidation plan; His last arrest occurred nearly three years ago, indicating no recent criminal behavior; The Applicant disclosed his financial delinquencies in his security clearance application, showing no intent to deceive.
Why the Applicant Prevailed
- The Applicant is actively addressing all admitted past due debts through a debt consolidation plan.
- His last arrest occurred nearly three years ago, indicating no recent criminal behavior.
- The Applicant disclosed his financial delinquencies in his security clearance application, showing no intent to deceive.
Conditions Referenced
- F3raisedHistory of Not Meeting Financial Obligations
- J2raisedMultiple Lesser Offenses
- F3appliedConditions Largely Beyond the Applicant's Control
- F5appliedGood-faith Effort to Repay Overdue Creditors
- J1appliedCriminal Behavior Not Recent
- E2appliedNo Intent to Deceive the Government
Key Rule Quoted
“The Government must be able to place a high degree of confidence in a security clearance holder to abide by all security rules and regulations at all times and in all places.”
Procedural Posture
- SOR issuedSep 21, 2004
- Answer filedOct 18, 2004
- Hearing heldFeb 16, 2005
- Decision dateMar 8, 2005
Cite For
- Mitigation of Financial Difficulties Under Guideline F
- Consideration of Past Criminal Conduct Under Guideline J
- Disclosure of Financial Issues in Security Clearance Applications Under Guideline E