DATE: November 27, 2007 In re: --------------------- SSN: ----------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 06-25429 DECISION OF ADMINISTRATIVE JUDGE MARC E. CURRY APPEARANCES FOR GOVERNMENT Julie R. Edmunds, Esq., Department Counsel FOR APPLICANT Pro Se SYNOPSIS Applicant’s accrual of $9,500 in delinquent debt, and his failure to make a good-faith effort to satisfy or otherwise resolve them create a financial considerations security concern which he failed to mitigate. Clearance is denied. STATEMENT OF THE CASE On July 12, 2007, the Defense Office of Hearings and Appeals (DOHA) issued Applicant a Statement of Reasons (SOR) explaining why it was not clearly consistent with the national interest to grant or continue a security clearance. This action was taken under Executive Order 10865, dated February 20, 1960, as amended, and DoD Directive 5220.6, dated January 2, 1992, as amended. He Item 3.1 Id.2 Item 5 at 2.3 Item 6 at 3.4 2 answered the SOR on August 6, 2007, admitting all of the allegations except subparagraphs 1.q through 1.s, and elected to have the case decided on the written record. On August 30, 2007, the government submitted a File of Relevant Materials (FORM) which Applicant received on September 10, 2007. Applicant neither objected to any of the FORM submissions, nor submitted any supplementary documents. The case was assigned to me on November 2, 2007. RULING ON EVIDENCE Department counsel’s motion to strike SOR subparagraph 1.s and SOR Paragraph 2 is granted. FINDINGS OF FACT Applicant is a 32-year-old married man with two stepchildren ages six and nine. His first marriage ended in divorce in 2001. He is a paramedic and a firefighter. He earned a paramedic certificate in 2002. Between approximately 2001 and 2007, Applicant accrued 18 delinquent debts in the approximate amount of $9,500. Fourteen are medical bills (SOR subparagraphs 1.a through 1.n), one is a deficiency owed on a repossessed car (SOR subparagraph 1.o), and three are delinquent credit card accounts (SOR subparagraphs 1.p through 1.r). Applicant’s ex-wife, who was covered under his health insurance when they were married, accrued the medical bills. The remainder were joint1 debts he “was stuck with” after the divorce was finalized. 2 Applicant satisfied subparagraph 1.q. There is no record evidence documenting when he3 satisfied it. His contention that he satisfied subparagraph 1.r is unsupported by any documentary evidence. He asserts that he has not been able to satisfy any other delinquencies because of “lack of money.” 4 Applicant contacted the creditor listed in SOR subparagraph 1.p and proposed a payment plan. The creditor rejected it. As of March 2007, he was considering filing for bankruptcy protection. To date, he has not filed it. POLICIES See generally, Directive, Sec. 2.3, Sec. 2.5.3, Sec. 3.2, and Sec. 4.2.5 Adjudicative Guideline Paragraph 18.6 3 The adjudicative guidelines, as revised December 29, 2005, and implemented September 1, 2006, apply to the analysis of this case. In addition to brief introductory explanations for each guideline, they are divided into those that may be considered in deciding whether to deny or revoke an individual’s eligibility for access to classified information (disqualifying conditions) and those that may be considered in deciding whether to grant an individual’s eligibility for access to classified information (mitigating conditions). Because the entire process is a scrutiny of a number of variables known as the “whole person concept,” all available, reliable information about the person, past and present, favorable and unfavorable, should be considered in making a meaningful decision. Specifically these are: (1) the nature and seriousness of the conduct; (2)the circumstances surrounding the conduct, to include knowledgeable participation; (3) the frequency and recency of the conduct; (4) the age of the applicant; (5) the extent to which the participation is voluntary; (6) the presence or absence of rehabilitation and other permanent behavioral changes; (7) the motivation for the conduct; (8) the potential for pressure, coercion, exploitation, or duress; and (9) the likelihood of continuation or recurrence. Since the protection of national security is the paramount consideration, the final decision in each case must be reached by applying the standard that the issuance of the clearance is “clearly consistent with the national interest.” In reaching this decision, I have drawn only those conclusions5 that are based on the evidence contained in the record. The Government is responsible for presenting evidence to establish facts in the SOR that have been controverted. The applicant is responsible for presenting evidence to rebut, explain, extenuate, or mitigate facts admitted by the applicant or proven by the Government, and has the ultimate burden of persuasion as to obtaining a favorable security decision. CONCLUSIONS Financial Considerations “Failure or inability to live within one’s means, satisfy debts, and meet financial obligations may indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations, all of which can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”6 Inability or unwillingness to satisfy debts7 A history of not meeting financial obligations.8 Consistent spending beyond one’s means, which may be indicated by excessive indebtedness, significant9 negative cash flow, high debt-to-income ratio, and/or other financial analysis. The conditions that resulted in the financial problem were largely beyond the person’s control (e.g., loss of10 employment, a business downturn, unexpected medical emergency, or a death, divorce, or separation), and the individual acted responsibly under the circumstances. 4 Applicant’s history of financial problems triggers the application of Financial Considerations Disqualifying Conditions (FC DC) 19(a), FC DC 19(c), and FC DC 19(e). I have considered all7 8 9 of the mitigating conditions and conclude none apply. All but one of the SOR delinquencies are still outstanding, he provided no evidence that he has attended any financial counseling, and he has yet to fulfill his promise to resolve the delinquencies through bankruptcy. He provided no documentary proof to support his dispute of SOR subparagraph 1.r. Although Financial Condition Mitigating Condition 20(b) is potentially applicable because of the relationship of his delinquencies to his10 2001 divorce, his failure to responsibly address them by satisfying or otherwise disposing of them renders it inapplicable. Applicant has not mitigated the financial considerations security concern. Whole Person Concept Applicant accrued approximately $9,500 of delinquent debt between 2001 and 2007. Because his ex-wife accrued much of it, its nature, extent, and seriousness are mitigated somewhat. Applicant, however, has taken no significant steps to address them. Absent any evidence of rehabilitation, the likelihood that his financial difficulties will continue remains unacceptably high. Evaluating this case in the context of the whole person concept, I conclude he remains a security concern. FORMAL FINDINGS Paragraph 1 – Guideline F: AGAINST APPLICANT Subparagraphs 1.a -1.r: Against Applicant Subparagraph 1.s: WITHDRAWN Paragraph 2 - Guideline E: WITHDRAWN DECISION 5 In light of all the circumstances presented by the record in this case, it is not clearly consistent with the national interest to grant or continue a security clearance for Applicant. Clearance is denied. Marc E. Curry Administrative Judge