Summary
The applicant, a 35-year-old federal contractor, faced security clearance denial under Guideline F due to unresolved financial issues, including delinquent debts totaling over $28,000. Despite her claims of financial stability and efforts to address her debts, the judge found insufficient evidence to demonstrate financial responsibility, leading to the denial of her clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: charged-off car loan owing $18,535 (1.a). $10,328 delinquent student loans (1.b). $7,947 delinquent student loans (1.c). $2,469 delinquent credit-card account (1.d). $2,174 delinquent credit-card account (1.e). $1,711 delinquent debt owed to a telecommunications provider (1.f). $467 delinquent debt owed to the same telecommunications provider (1.g). $321 delinquent debt owed to a telecommunications provider (1.h). $293 delinquent debt in collection (1.i).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant admitted to several allegations of delinquent debts, demonstrating a lack of financial responsibility; The applicant failed to provide sufficient documentary evidence to support her claims of resolving her debts or establishing payment arrangements; The applicant's financial problems were deemed recent and ongoing, undermining her assertions of stability.
Why the Applicant Was Denied
- The applicant admitted to several allegations of delinquent debts, demonstrating a lack of financial responsibility.
- The applicant failed to provide sufficient documentary evidence to support her claims of resolving her debts or establishing payment arrangements.
- The applicant's financial problems were deemed recent and ongoing, undermining her assertions of stability.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)rejectedConditions Largely Beyond the Person's ControlWhile the applicant's divorce contributed to her financial issues, it did not mitigate the ongoing concerns.
- AG ¶ 20(c)rejectedReceived Counseling for the ProblemThe applicant's evidence of financial counseling was insufficient to demonstrate that her financial problems were under control.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue CreditorsThe applicant's repayment efforts were not adequately documented to show a good-faith effort.
- AG ¶ 20(e)rejectedReasonable Basis to Dispute the Legitimacy of the DebtThe applicant failed to provide evidence supporting her disputes of the debts.
Key Rule Quoted
“Eligibility for access to classified information may be granted "only upon a finding that it is clearly consistent with the national interest to do so."”
Procedural Posture
- SOR issuedApr 27, 2018
- Answer filednull
- Hearing heldNov 6, 2018DOHA reassigned the case prior to the hearing.
- Decision dateFeb 8, 2019
Cite For
- Insufficient Evidence of Financial Responsibility Under Guideline F
- Impact of Unresolved Debts on Security Clearance Eligibility
- Burden of Proof on Applicant to Demonstrate Financial Stability