Granting a Clearance with Conditions

Adjudicative guidelines provide adjudicators the option to grant applicants a security clearance under conditions when the issues present have been partially mitigated and the applicant has shown intent to follow through on resolving any remaining concerns. This is considered an exception as defined in Security Executive Agent Directive (SEAD) 4: National Security Adjudicative Guidelines. What does it mean for the applicant? They are granted clearance eligibility but are given the conditions that must be met in order to maintain that eligibility.

An example of this scenario was used in a recent Defense Office of Hearing and Appeals (DOHA) case where the applicant had delinquent student loan debts that went unresolved for many years before the applicant took measures to address them after he was initially denied a clearance under financial considerations. The DOHA judge in this case took into consideration life events beyond the applicant’s control, his military service, and continued efforts to resolve the debts. However, also noted was the fact that he was a senior military officer and should have taken steps to try and resolve the loans far sooner than he did.

Although the judge granted the applicant clearance eligibility, it was with the following condition: The applicant is required to complete all required student loan rehabilitation payments and continue to make regular monthly payments in accordance with the current terms or any subsequent payment agreements. On a side note, when the favorable decision for clearance eligibility involves conditions then other agencies are not required to grant reciprocity for access.