Summary
The applicant, a 35-year-old Advanced Distributed Learning Specialist, faced security clearance denial primarily due to financial issues under Guideline F, with 29 delinquent accounts totaling approximately $85,000. Despite some efforts to resolve debts, the applicant failed to provide sufficient evidence of a good faith effort to address all financial obligations, leading to concerns about reliability and trustworthiness.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: credit card collection account for $10,649 (1.a). credit card collection account for $9,763 (1.b). credit card collection account for $7,877 (1.c). auto loan collection account for $5,739 (1.d). credit collection account for $5,468 (1.e). credit card collection account for $5,026 (1.f). credit card collection account for $4,339 (1.g). credit card collection account for $3,628 (1.h). credit card collection account for $3,587 (1.i). credit card collection account for $2,972 (1.j). telecommunications collection account for $2,892 (1.k). credit card collection account for $2,398 (1.l). credit collection account for $1,646 (1.m). credit collection account for $1,377 (1.n). medical collection account for $1,368 (1.o). medical collection accounts for $1,311, $1,134 (1.p). credit collection account for $1,288 (1.q). credit card collection account for $1,171 (1.r). credit collection account for $982 (1.s). credit card collection account for $975 (1.t). credit collection account for $683 (1.u). collection accounts for $670, $647, $555, $329, and a delinquent medical account for $78 (1.v). collection account for $201 (1.w).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(c), AG ¶ 20(e). The decision turned on the following: The applicant had 29 delinquent accounts totaling approximately $85,000, indicating an inability to satisfy debts; The applicant did not provide sufficient documentary evidence of payments or efforts to resolve all debts, raising doubts about reliability and trustworthiness; The applicant's financial issues were ongoing and long-standing, which did not support a finding of good faith effort to resolve debts.
Why the Applicant Was Denied
- The applicant had 29 delinquent accounts totaling approximately $85,000, indicating an inability to satisfy debts.
- The applicant did not provide sufficient documentary evidence of payments or efforts to resolve all debts, raising doubts about reliability and trustworthiness.
- The applicant's financial issues were ongoing and long-standing, which did not support a finding of good faith effort to resolve debts.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)rejectedBehavior Happened Long Ago, Infrequent, or Unlikely to RecurThe delinquent debts are long-standing and ongoing.
- AG ¶ 20(b)rejectedConditions Largely Beyond the Person's ControlThe applicant's decision to use personal credit to finance a business was within his control.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue CreditorsThe applicant did not provide sufficient evidence of a good faith effort to resolve all debts.
- AG ¶ 20(c)rejectedReceived Financial CounselingThe applicant denied receiving financial counseling.
- AG ¶ 20(e)rejectedReasonable Basis to Dispute Legitimacy of DebtThe applicant did not provide documented proof of disputes.
Key Rule Quoted
“The applicant is responsible for presenting witnesses and other evidence to rebut, explain, extenuate, or mitigate facts admitted by the applicant or proven by Department Counsel, and has the ultimate burden of persuasion as to obtaining a favorable clearance decision.”
Procedural Posture
- SOR issuedAug 31, 2021
- Answer filedSep 2, 2021
- Hearing heldMar 7, 2023via video teleconference
- Decision dateAug 1, 2023
Cite For
- Denial of Security Clearance Due to Unresolved Financial Obligations Under Guideline F
- Importance of Documentary Evidence in Demonstrating Good Faith Efforts to Resolve Debts
- Consideration of the Whole-person Concept in Security Clearance Determinations