Summary
A 35-year-old forensics and biometrics tactical collection instructor sought to retain his security clearance after a Statement of Reasons raised concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The allegations included a denial on his January 2015 security clearance application regarding a prior clearance suspension in March 2012. Financial concerns involved multiple outstanding debts, including a $24,282 charged-off automobile loan, a $9,973 charged-off automobile loan, a $7,500 state judgment for a student loan, and a $6,111 charged-off account. Other debts, such as a $114 collection account, a $431 charged-off account, a $1,860 collection account, and a $4,393 student loan, were also cited.
The applicant successfully mitigated these concerns. He demonstrated a good-faith effort to resolve his financial obligations, settling several accounts and engaging in credit counseling. For example, he settled the $24,282 automobile loan for $4,743 the month after his hearing and was in the process of settling the $9,973 automobile loan for $7,000. He also paid the $114, $431, and $1,860 collection accounts, and settled the $4,393 student loan for $5,661. He was also engaged in a good-faith dispute for a $4,545 collection account and negotiating a settlement for the $7,500 state judgment.
His financial difficulties were attributed to circumstances beyond his control, such as unemployment and combat-related injuries. Furthermore, his testimony and character evidence supported his reliability and trustworthiness, addressing the personal conduct concerns. Based on these mitigating factors, the applicant’s eligibility for access to classified information was GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve his financial debts, including settling several accounts and participating in credit counseling.
- The applicant's financial difficulties were attributed to circumstances beyond his control, including unemployment and combat-related injuries.
- The applicant's testimony and character evidence indicated reliability and trustworthiness, mitigating concerns about personal conduct.
Conditions Referenced
- F.1.araisedInability to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- E.2.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- F.2.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.2.bappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- F.2.cappliedThe Individual Has Received or Is Receiving Financial Counseling
- F.2.dappliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors
- F.2.eappliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
- E.2.aappliedThe Individual Did Not Deliberately Falsify His Security Clearance Application
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 12, 2016
- Answer filedOct 6, 2016
- Hearing heldMay 8, 2018
- Decision dateJul 31, 2018
Cite For
- Mitigation of Financial Considerations Under Guideline F Due to Circumstances Beyond Control
- Lack of Intent to Falsify Information on Security Clearance Applications
- Importance of Character Evidence in Security Clearance Decisions.