Summary
The applicant, a 30-year-old software engineer, faced security concerns under Guidelines F (Financial Considerations) and E (Personal Conduct) due to significant delinquent debts totaling approximately $56,573 and a lack of candor regarding a prior nonjudicial punishment for larceny. The judge found that the applicant's financial irresponsibility and failure to disclose relevant information undermined his reliability and trustworthiness, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: automobile loan charged off in January 2016 for $34,072 (1.a). automobile loan charged off in April 2018 for $13,043 (1.b). telecommunications account placed for collection of $1,718 in December 2015 (1.c). debt to electronics institute placed for collection of $1,672 in October 2015 (1.d). medical bill charged off for $1,585 in December 2012 (1.e). credit-card account charged off for $1,320 in January 2012 (1.f). utility bill placed for collection of $210 in November 2017 (1.g). telecommunications accounts charged off in November 2017 for $128 (1.h). telecommunications accounts charged off in November 2017 for $70 (1.i). child-support arrearage of $1,505 (1.j). charge account past due for $159 (1.k). gym membership referred for collection of $932 (1.l). medical bill placed for collection of $159 (1.m).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 16(a). The judge applied mitigating conditions AG ¶ 20(d), AG ¶ 20(b), AG ¶ 20(c). The decision turned on the following: The applicant admitted to numerous delinquent debts totaling approximately $56,573, demonstrating financial irresponsibility; The applicant failed to disclose a nonjudicial punishment for larceny, indicating a lack of candor and honesty; The applicant's explanations for his financial issues and omissions were deemed unpersuasive and lacking in responsibility.
Why the Applicant Was Denied
- The applicant admitted to numerous delinquent debts totaling approximately $56,573, demonstrating financial irresponsibility.
- The applicant failed to disclose a nonjudicial punishment for larceny, indicating a lack of candor and honesty.
- The applicant's explanations for his financial issues and omissions were deemed unpersuasive and lacking in responsibility.
Conditions Referenced
- AG ¶ 19(a)appliedInability to Satisfy Debts
- AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue CreditorsThe applicant was making payments on child support arrears.
- AG ¶ 20(b)rejectedConditions Beyond the Person's ControlWhile some financial issues stemmed from unemployment, the applicant did not act responsibly in addressing his debts.
- AG ¶ 20(c)rejectedFinancial Counseling From a Legitimate SourceThe applicant engaged a debt-resolution company but did not provide evidence of legitimate financial counseling.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedDec 31, 2018
- Answer filedFeb 7, 2019
- Hearing heldAug 29, 2019
- Decision dateOct 10, 2019
Cite For
- Denial Based on Financial Irresponsibility Under Guideline F
- Lack of Candor Regarding Past Conduct Under Guideline E
- Importance of Timely Addressing Financial Obligations in Security Clearance Cases