Summary
The applicant, a male with significant health issues, faced security concerns under Guidelines E and F due to financial difficulties stemming from medical emergencies and his spouse's unemployment. The judge found that the applicant's financial problems were largely beyond his control and that he had made a good-faith effort to address his debts, leading to a decision to grant his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant denies that he deliberately falsified his March 2014 e-QIP when he answered “No” to “Section 26 - Financial Record: In the past seven (7) years,” and he did not disclose his tax liens and the defaulted motor vehicle loan (2.a). Applicant admits that he was indebted to the Federal Government (IRS), as the result of three tax liens, totaling about $98,000 (1.a). Applicant denies that he is indebted to Creditor D as the result of a foreclosure in the amount of about $48,034 (1.d). Applicant admits that he was indebted to Creditor E in the amount of about $6,060 (1.e).
The judge granted the clearance. The government raised disqualifying conditions F.19.a, F.19.c, E.16.a. The judge applied mitigating conditions F.20.b, F.20.c, F.20.d, E.15. The decision turned on the following: The applicant's financial difficulties were largely due to significant health issues and his spouse's unemployment; He demonstrated a good-faith effort to repay overdue creditors, including making payments on tax liens; The applicant did not intentionally falsify his e-QIP, as his spouse managed their financial affairs.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to significant health issues and his spouse's unemployment.
- He demonstrated a good-faith effort to repay overdue creditors, including making payments on tax liens.
- The applicant did not intentionally falsify his e-QIP, as his spouse managed their financial affairs.
Conditions Referenced
- F.19.araisedInability or Unwillingness to Satisfy Debts
- F.19.craisedA History of Not Meeting Financial Obligations
- E.16.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- F.20.bappliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- F.20.cappliedClear Indications That the Problem Is Being Resolved or Is Under Control
- F.20.dappliedEvidence Shows the Individual Initiated a Good-faith Effort to Repay Overdue Creditors
- E.15rejectedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and RegulationsThe judge found no willful falsification of the e-QIP.
Key Rule Quoted
“The ultimate determination of whether to grant eligibility for a security clearance must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”
Procedural Posture
- SOR issuedMay 19, 2015
- Answer filedJun 19, 2015
- Hearing heldMay 3, 2016Applicant testified, and the record was kept open until June 13, 2016.
- Decision dateOct 13, 2016
Cite For
- Mitigating Conditions for Financial Difficulties Under Guideline F
- No Willful Falsification of E-qip Due to Health-related Circumstances
- Whole-person Concept in Security Clearance Determinations