Summary
A 49-year-old part-time aircraft servicer and full-time civil service employee was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited two vehicle repossessions and nine delinquent accounts totaling over $32,000. Additionally, the applicant answered "no" to questions about repossessions and collection accounts on his May 2013 e-QIP, despite having two repossessions and eight collection accounts.
The applicant filed for Chapter 7 bankruptcy in 2005, asserting eight of the nine delinquent obligations were due to his ex-wife's actions, and these debts were discharged. However, a vehicle purchased in September 2005 was repossessed, leaving a $12,968 balance. A van purchased in 2006 for his ex-wife's use was also repossessed after she defaulted on payments following their 2010 divorce, leaving a $7,667 debt which the applicant later settled for half its balance. Other debts included a defaulted apartment lease for his ex-wife, which he paid in full, and two delinquent telephone accounts and an energy bill, all of which he settled or paid.
The judge found that the applicant had adequately addressed the concerns by settling all delinquent accounts and providing evidence of payments. The financial issues were largely attributed to circumstances beyond his control, particularly the actions of his ex-wife. The applicant demonstrated a good-faith effort to resolve his financial obligations, leading to the security clearance being granted.
Why the applicant prevailed
- Applicant settled all delinquent accounts and provided evidence of payments made.
- Financial issues were largely due to circumstances beyond his control, including actions of his ex-wife.
- The applicant demonstrated a good-faith effort to resolve his financial obligations.
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 Largely Beyond the Person's Control
- AG ¶ 20(c)appliedReceived Counseling and Evidence of Resolution
- AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
- AG ¶ 20(e)appliedReasonable Basis to Dispute Legitimacy of Debt
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedMar 26, 2015
- Answer filedApr 8, 2015
- Hearing heldJul 7, 2015Record kept open for additional documents.
- Decision dateDec 14, 2016Remand decision issued.
Cite for
- Mitigation of Financial Issues Due to Circumstances Beyond Control
- Good-faith Efforts in Resolving Debts
- Consideration of Personal Conduct in Light of Financial Circumstances