Summary
A 48-year-old office clerk for 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 financial issues stemmed from significant medical expenses related to her daughter's cancer treatment and her husband's disability, leading to multiple unpaid medical bills, credit card debt, a bank line of credit, a car loan, and a telephone bill.
Additionally, the applicant had a criminal history, including a 1995 arrest for failure to report child abuse, with charges dismissed in 1996. In 2004, an arrest warrant was issued for failure to appear in court for a misdemeanor check deception charge, which was dismissed after the owed amount was paid.
The judge found that the applicant's financial difficulties were largely due to circumstances beyond her control, and she had made a good faith effort to address her debts, including establishing payment plans and using her tax refund for smaller bills. Her past criminal conduct was deemed not recent or indicative of current behavior, and the charges were dismissed. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated that her financial difficulties were largely due to circumstances beyond her control, including her daughter's illness and her husband's disability.
- She initiated a good faith effort to repay her debts, including establishing payment plans and using her tax refund to pay off smaller bills.
- The criminal charges against her were dismissed, and the judge found her past conduct to be isolated and not indicative of current behavior.
Conditions Referenced
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A6.1.3.3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- E2.A6.1.3.5appliedThe Affluence Resulted From a Legal Source
- E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.2appliedThe Crime Was an Isolated Incident
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedSep 12, 2005
- Answer filedSep 29, 2005
- Hearing heldFeb 9, 2006
- Decision dateMar 20, 2006
Cite For
- Mitigation of Financial Difficulties Due to Medical Expenses Under Guideline F
- Isolated Incidents of Past Criminal Conduct Under Guideline J
- Good Faith Efforts to Resolve Debts as a Mitigating Factor Under Guideline F