Summary
A 46-year-old refrigeration technician was denied a security clearance under Guideline F (Financial Considerations) due to approximately $29,900 in unresolved financial debts. The Statement of Reasons detailed several specific debts, including a federal tax lien from 2007, and various other admitted debts totaling $327, $71, $432, $14,549, and $13,000. While a state tax debt to New Mexico was paid, the applicant denied a $1,342 debt but failed to provide proof to refute it, and it remained on his credit report.
The judge found that the applicant did not mitigate the security concerns. Disqualifying conditions under AG ¶ 19(a) and AG ¶ 19(c) were raised, while mitigating conditions under AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), and AG ¶ 20(e) were applied but ultimately deemed insufficient.
The denial was based on the applicant's failure to resolve or pay the approximately $29,900 in delinquent debt, lack of evidence of good-faith efforts to resolve these debts, and the determination that his financial problems were not beyond his control, nor did he act responsibly.
Why the Applicant Was Denied
- The applicant has approximately $29,900 in delinquent debt that remains unpaid or unresolved.
- The applicant did not provide evidence that he has made a good-faith effort to pay his delinquent debts or attempt to resolve them.
- The applicant's financial problems were not shown to be beyond his control, nor did he act responsibly under the circumstances.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)rejectedBehavior Happened Long Ago or InfrequentlyThe applicant's debts remain owed and unresolved.
- AG ¶ 20(b)rejectedConditions Beyond the Person's ControlInsufficient evidence to determine that financial problems were beyond the applicant's control.
- AG ¶ 20(c)rejectedReceived Counseling for the ProblemNo clear evidence that the applicant's financial problems are being resolved or under control.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay CreditorsThe applicant did not provide evidence of a good-faith effort to resolve debts.
- AG ¶ 20(e)rejectedDispute Legitimacy of Past-due DebtThe applicant did not provide proof to show he paid the disputed debts.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 27, 2009
- Answer filedDec 31, 2009Subsequent complete answer filed on February 1, 2010.
- Hearing held—Decided on the written record.
- Decision dateMay 26, 2010
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Importance of Providing Evidence of Debt Resolution
- Impact of Unresolved Debts on Security Clearance Eligibility