Summary
A 45-year-old contractor employee, providing health services for the Department of Defense, was denied a public trust position due to significant financial concerns under Guideline F (Financial Considerations). The applicant and her spouse received a Chapter 7 bankruptcy discharge in September 1999. At the time of the Statement of Reasons (SOR), the applicant had sixteen delinquent debts totaling over $18,000.
Specific allegations included a claim of satisfying a judgment without providing documentary evidence of payments or plans, and disputing another debt without substantiating documentation. Additionally, the applicant claimed to be making payments on two other debts but offered no documentary evidence to support these claims.
The denial was based on the applicant's ongoing inability to satisfy financial obligations, evidenced by the sixteen delinquent debts. The applicant failed to provide documentary evidence for claims of debt payments or disputes. The judge concluded that the applicant's financial problems were ongoing and not attributable to circumstances unlikely to recur, indicating a failure to demonstrate responsible financial management.
Why the Applicant Was Denied
- The applicant had sixteen delinquent debts totaling more than $18,000, indicating an inability to satisfy financial obligations.
- The applicant did not provide documentary evidence to support claims of making payments on debts or disputing any debts.
- The applicant's financial problems were ongoing and not the result of circumstances unlikely to recur.
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 so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's delinquent debts are ongoing and numerous.
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant and spouse did not act responsibly to address their financial issues after returning to work.
- AG ¶ 20(c)rejectedReceived or Is Receiving Counseling for the ProblemFinancial problems are not under control despite having received counseling.
- AG ¶ 20(d)rejectedInitiated a Good-faith Effort to Repay Overdue CreditorsThe applicant did not provide evidence of good faith efforts to resolve debts.
- AG ¶ 20(e)rejectedReasonable Basis to Dispute the Legitimacy of the Past-due DebtThe applicant did not articulate or document the basis for disputing the debt.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with national security to grant or continue eligibility for access to sensitive information.”
Procedural Posture
- SOR issuedApr 9, 2010
- Answer filedApr 30, 2010Applicant requested a determination without a hearing.
- Hearing held—No hearing was held.
- Decision dateOct 5, 2010
Cite For
- Financial Considerations Under Guideline F
- Burden of Proof on Applicant to Demonstrate Mitigation
- Evaluation of Ongoing Financial Issues in Trustworthiness Determinations