Summary
The applicant, a 34-year-old married man with two children, faced security concerns under Guideline F (Financial Considerations) and Guideline E (Personal Conduct). He admitted to multiple delinquent debts totaling $27,182 but contested allegations of deliberate falsification on his security clearance application. The judge found against the applicant on the financial allegations due to unresolved debts but ruled in favor regarding the personal conduct allegation, ultimately denying the security clearance due to financial issues.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The debt alleged in SOR ¶ 1.a ($5,257) was the amount charged by Applicant’s former landlord in about December 2016, when Applicant terminated his apartment lease three to four months early (1.a). The debt alleged in SOR ¶ 1.b ($1,870) is a credit-card account that was charged off by the creditor in April 2016 (1.b). The debt alleged in SOR ¶ 1.c ($2,892) is a credit-card account that was charged off by the creditor in April 2016 (1.c). The debt alleged in SOR ¶ 1.d ($2,098) is a credit-card account that was placed for collection by the creditor in about June 2016 (1.d). The debt alleged in SOR ¶ 1.e ($5,497) is an automobile-loan account that was charged off by the creditor in February 2016 (1.e). The debt alleged in SOR ¶ 1.f ($4,749) is another automobile-loan account that was charged off by the creditor in March 2016 (1.f). The debt alleged in SOR ¶ 1.g ($1,242) is a credit-card account that was charged off by the creditor in April 2016 (1.g). The debt alleged in SOR ¶ 1.h ($3,025) is a debt consolidation loan on which Applicant defaulted in about 2016 (1.h). The debt alleged in SOR ¶ 1.i ($442) is a utility account for Internet service that was placed for collection by the creditor in about May 2019 (1.i). The debt alleged in SOR ¶ 1.j ($110) is a utility account for Internet service that was placed for collection by the creditor in about September 2018 (1.j).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant had multiple unresolved delinquent debts totaling $27,182; The applicant failed to demonstrate that his financial issues were largely beyond his control or that he acted responsibly to resolve them; The applicant did not provide sufficient documentation to support his claims of disputing certain debts.
Why the Applicant Was Denied
- The applicant had multiple unresolved delinquent debts totaling $27,182.
- The applicant failed to demonstrate that his financial issues were largely beyond his control or that he acted responsibly to resolve them.
- The applicant did not provide sufficient documentation to support his claims of disputing certain debts.
Conditions Referenced
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(d)rejectedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)rejectedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedJul 16, 2021
- Answer filedJul 21, 2021
- Hearing held—Applicant requested a decision on the written record.
- Decision dateJan 4, 2022
Cite For
- Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
- Consideration of Personal Conduct Allegations Under Guideline E
- Burden of Proof on Applicant to Demonstrate Eligibility for Security Clearance