Summary
Applicant is a 52-year-old machinist employed by a defense contractor since June 2004. He has a history of not meeting his financial obligations, with six outstanding debts totaling approximately $32,304, including $29,736 in child support. Despite evidence of consistent payments on the child support debt for the past eight years, he continues to owe $2,568 for five other delinquent debts. The judge concluded that the applicant has not mitigated the financial considerations security concerns, resulting in a denial of clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: DirectTV/Nationwide ($86) This account has been placed for collection. As of May 8, 2006, this debt has not been paid (1.a). DirectTV/RSKMGMTNAN ($86) This account has been placed for collection. As of May 8, 2006, this debt has not been paid (1.b). Child Support Enforcement ($29,736) This debt is for delinquent child support. Applicant indicated that the balance on this account is now $27,346.87. He stated that this account was set up and collected $50.00 every week for the past 6 years after remaining dormant/settled for 3 years. For the past two years, $65.00 per week has been paid on this balance (1.c). Medical creditor ($970) This account has been placed for collection. As of May 8, 2006, this debt has not been paid (1.d). Medical creditor ($1,000) This account has been placed for collection. As of May 8, 2006, this debt has not been paid (1.e). Medical creditor ($426) This account has been placed for collection. As of May 8, 2006, this debt has not been paid (1.f).
The judge denied the clearance. The government raised disqualifying conditions FC DC 1, FC DC 3. The judge applied mitigating conditions FC MC 3, FC MC 4, FC MC 6. The decision turned on the following: Applicant has a history of not meeting financial obligations; He has six outstanding debts totaling approximately $32,304; Despite paying child support for eight years, he still owes $2,568 on five other delinquent debts; Applicant failed to provide evidence of good faith efforts to pay off other debts.
Why the Applicant Was Denied
- Applicant has a history of not meeting financial obligations.
- He has six outstanding debts totaling approximately $32,304.
- Despite paying child support for eight years, he still owes $2,568 on five other delinquent debts.
- Applicant failed to provide evidence of good faith efforts to pay off other debts.
Conditions Referenced
- FC DC 1raisedA History of Not Meeting Financial Obligations
- FC DC 3raisedInability or Unwillingness to Satisfy Debts
- FC MC 3rejectedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person’s ControlApplicant did not provide evidence of circumstances beyond his control.
- FC MC 4rejectedThe Person Has Received or Is Receiving Counseling for the Problem and There Are Clear Indications That the Problem Is Being Resolved or Is Under ControlNo evidence of counseling was presented.
- FC MC 6rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsApplicant's future payment intentions were not considered a good faith effort.
Key Rule Quoted
“No one has a right to a security clearance and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedJun 30, 2006
- Answer filedAug 10, 2006Applicant elected to have his case decided on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateAug 27, 2007
Cite For
- Financial Irresponsibility Under Guideline F
- Impact of Outstanding Debts on Security Clearance Eligibility
- Burden of Proof in Financial Considerations Cases