Summary
A 28-year-old security guard for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons detailed several allegations, including a driving prohibition and subsequent termination from a previous employer in August 2000, quitting a job in January 1999 without proper notice, and an incident where he killed an unarmed man while investigating a noise complaint as an armed security guard. Additionally, he was alleged to have failed to pay taxes on income from working for his grandfather and assisted his grandfather in running a gambling establishment.
Under Guideline F, the applicant faced two specific financial allegations: an outstanding debt of over $11,200 placed for collection and another account exceeding $1,800 also placed for collection. These debts totaled over $13,000.
While the applicant successfully mitigated the concerns related to his personal conduct, the judge determined that he failed to adequately address his financial issues. The over $13,000 in delinquent debt remained unpaid and unresolved, and the applicant did not present a plan to manage these self-imposed financial obligations. Consequently, the judge found no mitigating circumstances for the financial difficulties, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant has over $13,000 in delinquent debt that remains unpaid and unresolved.
- He failed to demonstrate a plan to address his financial obligations, which were self-imposed problems.
- The judge found that the applicant's financial difficulties were not mitigated by external circumstances.
Conditions Referenced
- E2.A6.1.2.1raisedFinancial Considerations - History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedFinancial Considerations - Unable or Unwilling to Satisfy Debts
- E2.A6.1.3.3rejectedFinancial Considerations - Conditions Beyond ControlThe judge found that the applicant's financial difficulties were self-imposed.
- E2.A5.1.1rejectedPersonal Conduct - Conduct Involving Questionable JudgmentThe judge found that the applicant had matured and his past conduct was not indicative of current behavior.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedDec 14, 2004
- Answer filedDec 29, 2004
- Hearing heldAug 15, 2005
- Decision dateOct 31, 2005
Cite For
- Failure to Mitigate Financial Concerns Under Guideline F
- Self-imposed Financial Difficulties as a Basis for Denial
- Mitigation of Personal Conduct Issues Despite a History of Rule Violations