Summary
A 58-year-old pilot for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant had a significant, outstanding child support debt, initially disclosed as $133,622, which later appeared on credit reports as over $138,000 and charged off. Additionally, the applicant failed to disclose a lawsuit filed by his employer earlier that year, which the Government alleged was a deliberate omission.
The judge determined that the applicant did not take responsible action to resolve the child support debt, which continued to increase. This failure to demonstrate good-faith efforts to challenge or pay the debt over the years, combined with the non-disclosure of the lawsuit, raised doubts about the applicant's reliability and judgment.
Despite the application of several mitigating conditions under Guideline F, the disqualifying conditions related to financial irresponsibility and personal conduct were not overcome. Consequently, the applicant's security clearance was denied.
Why the Applicant Was Denied
- The applicant failed to take responsible action to resolve significant unpaid child support obligations.
- The child support debt remains outstanding and increasing, casting doubt on the applicant's reliability and judgment.
- The applicant did not demonstrate good-faith efforts to challenge or pay the child support debt over the years.
Conditions Referenced
- F.19.araisedInability to Satisfy Debts
- F.19.braisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- F.19.craisedHistory of Not Meeting Financial Obligations
- F.20.arejectedBehavior Happened Long Ago or InfrequentlyThe debt is ongoing and increasing, undermining the applicant's reliability.
- F.20.brejectedConditions Beyond the Person's ControlThe applicant did not provide sufficient evidence of good-faith efforts to resolve the debt.
- F.20.drejectedGood-faith Effort to Repay or Resolve DebtsThe applicant has not taken responsible action to resolve the debt.
- F.20.erejectedReasonable Basis to Dispute the Legitimacy of the DebtThe applicant did not provide documented proof to substantiate any dispute.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 28, 2017
- Answer filedJul 26, 2017
- Hearing heldApr 18, 2018
- Decision dateJun 12, 2018
Cite For
- Denial of Security Clearance Due to Significant Unpaid Child Support Obligations
- Failure to Disclose a Lawsuit as a Potential Personal Conduct Issue
- Lack of Good-faith Efforts to Resolve Financial Obligations Under Guideline F.