Summary
The applicant, a 34-year-old system cloud administrator, faced security clearance denial primarily due to financial issues under Guideline F, including multiple debts and a tax lien, and personal conduct issues under Guideline E, such as failure to disclose debts and termination for falsifying a timecard. The judge found that while the applicant mitigated some personal conduct issues, he did not sufficiently address the financial concerns, leading to the denial of his clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: That information set forth in subparagraph 1.a through 1.i, above (2.a). You answered 'No' to having 'been over 120 days delinquent on any debt not previously entered?' and thereby deliberately failed to disclose that information as set forth in subparagraphs 1.a through 1.i, above (2.b). You answered 'No' to having a lien placed against your property for failing to pay taxes or other debts and thereby deliberately failed to disclose that information as set forth in subparagraph 1.i above (2.c). In July 2019, [your company] terminated you for falsifying your timecard (2.d). car loan placed for collection in the approximate amount of $11,878 (1.a). residential account placed for collection for $5,779 (1.b). utility account placed for collection in the amount of $1,422 (1.c). utility account placed for collection in the amount of $158 (1.d). residential account placed for collection for $3,491 (1.e). delinquent medical debt for $255 (1.f). credit card referred for collection for $1,410 (1.g). account placed for collection for $1,948 (1.h). indebted to his state comptroller for a tax lien entered against him in 2019 for $2,285.75 (1.i).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), AG ¶ 17(c), AG ¶ 17(d). The decision turned on the following: The applicant admitted to multiple debts and a tax lien, demonstrating an inability to satisfy financial obligations; The applicant did not establish a good-faith effort to repay or resolve his debts, failing to adhere to a repayment plan.
Why the Applicant Was Denied
- The applicant admitted to multiple debts and a tax lien, demonstrating an inability to satisfy financial obligations.
- The applicant did not establish a good-faith effort to repay or resolve his debts, failing to adhere to a repayment plan.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)rejectedConditions Beyond the Person's ControlThe applicant's financial difficulties were partly due to his divorce, but he did not demonstrate adherence to a repayment plan.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay DebtsThe applicant did not show he has made a good-faith effort to pay or resolve his debts.
- AG ¶ 17(c)appliedMinor Offense or Unique CircumstancesThe applicant acknowledged his termination for timecard fraud and took steps to ensure it does not recur.
- AG ¶ 17(d)appliedAcknowledgment of Behavior and CounselingThe applicant acknowledged his past behavior and documented steps taken to improve his situation.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedDec 9, 2022
- Answer filedMar 8, 2023
- Hearing heldDec 19, 2023
- Decision dateMay 29, 2024
Cite For
- Denial of Security Clearance Due to Financial Irresponsibility Under Guideline F
- Mitigation of Personal Conduct Issues Under Guideline E
- Failure to Demonstrate Good-faith Efforts in Resolving Debts