Summary
A government contractor in his mid-40s, with a history of three marriages and two children, was denied a security clearance under Guideline F (Financial Considerations). The denial stemmed from 17 delinquent debts totaling approximately $76,000. While the judge found in the applicant's favor regarding a $10,000 child support obligation, the remaining 16 debts were not sufficiently mitigated.
Disqualifying conditions under AG ¶ 19 were raised, and although mitigating conditions AG ¶ 20(a), (b), (c), (d), and (e) were considered, they were not enough to overcome the financial concerns. The judge ultimately found against the applicant on 16 of the 17 debts, leading to the denial.
The appeal affirmed the initial decision, as new evidence was not permissible for consideration, and the judge's original determination was deemed sustainable. Consequently, the applicant's security clearance was denied.
Conditions Referenced
- AG ¶ 19raisedFinancial Considerations
- AG ¶ 20(a)rejectedThe Behavior Was Not RecentThe applicant's financial issues were ongoing and not recent.
- AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person's ControlThe applicant did not demonstrate that the financial issues were beyond his control.
- AG ¶ 20(c)notedThe Person Has Received or Is Receiving Counseling for the Problem
- AG ¶ 20(d)notedThe Person Has Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)notedThe Person Has a Reasonable Basis to Expect to Be Able to Satisfy Debts
Key Rule Quoted
“The general standard is that a clearance may be granted only when ‘clearly consistent with the interests of the national security.’”
Procedural Posture
- SOR issuedJun 20, 2022
- Answer filed—
- Hearing heldNov 8, 2023
- Decision dateJan 8, 2024Appeal affirmed.
Cite For
- Financial Concerns Under Guideline F Due to Multiple Delinquent Debts
- Impact of New Evidence on Appeal Process
- Standards for Granting Security Clearance Related to National Security Interests