Summary
A 37-year-old enterprise director engineer with military service was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant admitted to some allegations but denied others, specifically regarding over $24,000 in delinquent debts.
The Statement of Reasons included allegations that the applicant was arrested for soliciting prostitution in undercover operations and was found guilty of disturbing the peace related to these solicitation charges.
The denial was primarily based on the applicant's financial conduct. He accumulated significant delinquent debt and largely ignored these obligations until after receiving the Statement of Reasons. The applicant did not provide documentation of credit or financial counseling, nor did he submit a budget to demonstrate financial responsibility. The judge concluded that the applicant's efforts to resolve debts, initiated only after receiving the Statement of Reasons, indicated a lack of good faith and failed to mitigate the security concerns.
Why the applicant was denied
- The applicant accumulated significant delinquent debt and largely ignored these obligations until after receiving the SOR.
- The applicant did not document any credit or financial counseling, nor did he submit a budget to demonstrate financial responsibility.
- The applicant's efforts to resolve debts were not undertaken until after he received the SOR, indicating a lack of good faith.
Conditions referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's financial problems were recent and frequent.
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant was aware of his financial obligations and failed to address them responsibly.
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the ProblemThe applicant did not document any financial counseling.
- AG ¶ 20(d)rejectedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant's efforts to resolve debts were not made until after receiving the SOR.
- AG ¶ 14(b)appliedThe Sexual Behavior Happened so Long Ago, so Infrequently or Under Such Unusual Circumstances, That It Is Unlikely to Recur
- AG ¶ 19(c)rejectedThe Person Has a History of Being Financially ResponsibleThe applicant's financial history was marked by significant delinquency.
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's financial issues were recent and ongoing.
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant had control over his financial decisions.
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the ProblemThe applicant did not provide evidence of financial counseling.
- AG ¶ 20(d)rejectedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant's efforts were not timely or documented.
Key rule quoted
“The Government has a compelling interest in ensuring each applicant possesses the requisite judgement, reliability, and trustworthiness of those who must protect national interests as their own.”
Procedural posture
- SOR issuedDec 5, 2016
- Answer filed—
- Hearing heldDec 15, 2017
- Decision dateFeb 6, 2019
Cite for
- Denial of Security Clearance Due to Significant Delinquent Debts Under Guideline F
- Mitigation of Sexual Behavior Concerns Under Guideline D
- Failure to Demonstrate Good Faith Efforts in Resolving Financial Obligations