Summary
The applicant, a 31-year-old project engineer, contested the Department of Defense's intent to deny his security clearance due to delinquent debts totaling $124,866. He demonstrated a commitment to resolving these debts, having reduced them by over $12,000, and the judge found no evidence of intentional falsification regarding the debts. The administrative judge concluded that granting the security clearance was consistent with national interest.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant failed to disclose the debts on his November 11, 2017 SCA (2.a). Applicant is indebted to seven creditors for $124,866 (1.a).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(d). The decision turned on the following: The applicant reduced his delinquent debts by over $12,000, demonstrating a commitment to resolving financial issues; There was no evidence of intentional falsification regarding the debts on his security clearance application; The applicant's financial problems were not indicative of poor self-control or an unwillingness to follow rules.
Why the Applicant Prevailed
- The applicant reduced his delinquent debts by over $12,000, demonstrating a commitment to resolving financial issues.
- There was no evidence of intentional falsification regarding the debts on his security clearance application.
- The applicant's financial problems were not indicative of poor self-control or an unwillingness to follow rules.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was Infrequent or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“Security clearance adjudications are not debt collection proceedings. Rather the purpose of the adjudication is to make 'an examination of a sufficient period of a person’s life to make an affirmative determination that the person is an acceptable security risk.'”
Procedural Posture
- SOR issuedMay 20, 2022
- Answer filed—
- Hearing heldJul 21, 2023
- Decision dateMar 29, 2024
Cite For
- Demonstrating a Commitment to Resolving Financial Issues Under Guideline F
- Absence of Intentional Falsification Under Guideline E
- The Importance of the Whole-person Concept in Security Clearance Adjudications