Summary
This case involved a 42-year-old technical trainer and retired Army Sergeant First Class whose eligibility for a security clearance was reviewed under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). Concerns were raised regarding five delinquent accounts, including collection accounts, a charged-off credit card debt, and a 2012 mortgage foreclosure. Additionally, the applicant was alleged to have falsified his 2015 Security Clearance Application (SCA) by not disclosing all debts except his mortgage, and by failing to disclose a prior security clearance revocation in 2000.
The judge found that the applicant had taken appropriate action to resolve his delinquent debts once he became aware of them. Furthermore, the omissions on his SCA were determined not to be intentional or deliberate falsifications. The applicant also demonstrated good moral character and reliability, supported by character references and his military service.
Based on these findings, the judge concluded that the applicant had successfully mitigated the concerns under both Guideline E and Guideline F. Consequently, the applicant was GRANTED eligibility for access to classified information.
Why the Applicant Prevailed
- The applicant took appropriate action to resolve delinquent debts once made aware of them.
- The applicant's omissions on the security clearance application were not found to be intentional or deliberate.
- The applicant demonstrated good moral character and reliability through character references and his military service.
Conditions Referenced
- F.19.araisedInability or Unwillingness to Satisfy Debts
- F.19.braisedA History of Not Meeting Financial Obligations
- E.16.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- F.20.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20.bappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- E.15rejectedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and RegulationsThe judge found insufficient evidence to show intentional falsification.
Key Rule Quoted
“An omission, standing alone, does not prove falsification.”
Procedural Posture
- SOR issuedJul 29, 2016
- Answer filedAug 29, 2016
- Hearing heldJan 31, 2017Post-hearing exhibits submitted.
- Decision dateMay 18, 2017
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Evaluation of Personal Conduct Under Guideline E
- Whole-person Concept in Security Clearance Determinations