Summary
This case concerns a 31-year-old college graduate and systems engineer whose security clearance was initially questioned under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons alleged she falsified information on her security clearance application and cited a state tax lien for $885 filed against her and her ex-husband. This lien was subsequently paid in full after a payment plan was established.
The applicant's financial difficulties were primarily attributed to an abusive marriage and periods of unemployment. Disqualifying conditions under AG ¶19(a) and AG ¶19(c) were raised. However, mitigating conditions AG ¶20(b), AG ¶20(c), and AG ¶20(d) were applied.
The judge ultimately granted the security clearance. This decision was based on the applicant's demonstrated responsible actions to resolve her debts and meet her financial obligations. Furthermore, the government did not present evidence to support the personal conduct allegation, leading to a favorable finding under Guideline E. The judge concluded that the applicant's financial challenges were largely beyond her control, and she took proactive steps to address them.
Why the Applicant Prevailed
- The applicant demonstrated responsible actions to meet her financial obligations and resolve her debts.
- The government did not present evidence related to the personal conduct allegation, leading to a favorable finding under Guideline E.
- The applicant's financial difficulties were largely beyond her control, and she took proactive steps to address her debts.
Conditions Referenced
- AG ¶19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“A security clearance decision is intended only to resolve the questions of whether it is clearly consistent with the national interest for an Applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedDec 4, 2008
- Answer filedDec 30, 2008
- Hearing heldFeb 26, 2009
- Decision dateApr 30, 2009
Cite For
- Mitigation of Financial Difficulties Under Guideline F Due to Circumstances Beyond Control
- Resolution of Debts Through Proactive Measures
- Non-pursuit of Personal Conduct Allegations Under Guideline E by the Government