Summary
A 41-year-old married defense contractor with three children was granted a security clearance despite allegations under Guideline F (Financial Considerations) and Guideline E (Personal Conduct). The Statement of Reasons cited several delinquent debts, including a military credit card account with a total balance of $9,469, and multiple accounts with Navy Federal Credit Union, charged off with balances of approximately $5,000, $16,943, and $5,241, respectively. Additionally, a department store credit card debt of $462 was charged off and subsequently paid in full, and another creditor account was charged off for $1,278.
The applicant was also alleged to have falsified his security clearance application by failing to list these delinquent debts. He admitted to the debts but denied intentional falsification, explaining that marital discord had made him unaware of them. The judge found that the applicant had made a good-faith effort to resolve his financial issues through structured payment plans and financial counseling.
The decision to grant the clearance was based on findings that the applicant's financial difficulties stemmed largely from circumstances beyond his control, specifically a challenging transition from military to civilian life and marital issues. Crucially, the judge determined that the applicant did not intentionally falsify his application, as he was genuinely unaware of the delinquent debts at the time of submission. The applicant demonstrated good judgment, leading to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve his delinquent debts through structured payment plans and financial counseling.
- The applicant's financial difficulties were largely due to circumstances beyond his control, including a challenging transition from military to civilian life and marital issues.
- The applicant did not intentionally falsify his security clearance application, as he was unaware of his delinquent debts at the time of submission.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Occurred Under Circumstances Unlikely to Recur
- AG ¶ 20(b)appliedConditions Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 21, 2020
- Answer filedDec 29, 2020
- Hearing held—Applicant requested a decision on the written record.
- Decision dateJun 2, 2021
Cite For
- Mitigating Conditions for Financial Considerations Under Guideline F
- Good-faith Efforts to Resolve Financial Issues
- Non-intentional Omissions in Security Clearance Applications Under Guideline E