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PSH-14-0019 - In the Matter of Personnel Security Hearing

On May 21, 2014, an OHA Hearing Officer issued a decision in which she concluded that an individual’s security clearance should be restored.  A Local Security Office (LSO) conducted a Personnel Security Interview of the individual to address concerns about his debts and financial problems.  Specifically, the LSO cited several collections accounts, charged-off accounts, foreclosure of the individual’s home, a Chapter 7 bankruptcy he filed in 2003 and Chapter 13 bankruptcy from 2008.  At the hearing, the individual explained that has soon as he discovered the debts, he paid them off or requested that that the credit bureaus investigate them and some of the debts were eventually removed from the credit reports.  He and his husband both testified that his accumulation of so much debt and his financial troubles were largely attributed to his husband’s excessive spending elicited by his bipolar condition.  As his husband’s doctor provided a note stating that his bipolar condition is stable and that he is a low risk of relapse, the Administrative Judge did not find that the individual’s financial problems were likely to recur due to his husband’s actions.  More importantly, the Administrative Judge concluded that the individual acted responsibly in addressing the concerns when they were brought to his attention and he became more cognizant of what steps to take to protect his credit.  Accordingly, the Administrative Judge concluded that the individual’s clearance should be restored.

Shiwalli Patel - Administrative Judge