Summary
The applicant, a 33-year-old evidence control specialist, faced security clearance denial under Guideline F due to significant financial issues, including approximately $37,000 in delinquent debt. Despite some mitigating circumstances, such as a stroke and divorce affecting his finances, the judge found insufficient evidence of a plan to resolve debts, leading to the conclusion that the applicant did not mitigate the security concerns.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Bank service fees: Allegation 1.a. ($224) and 1.c. ($208) - Applicant was charged a service fee in 2006 on a checking account that he did not use (1.a). Telecommunications: Allegation 1.b. ($1,022) - Applicant testified he paid the debt at 1.b., but provided no supporting documentation (1.b). Bank service fees: Allegation 1.a. ($224) and 1.c. ($208) - Applicant was charged a service fee in 2006 on a checking account that he did not use (1.c). Medical: Allegations 1.d. ($204), 1.e. ($123), and 1.n. ($102) - Debts at 1.d., 1.e., and 1.n. are for emergency room visits concerning Applicant's stroke (1.d). Medical: Allegations 1.d. ($204), 1.e. ($123), and 1.n. ($102) - Debts at 1.d., 1.e., and 1.n. are for emergency room visits concerning Applicant's stroke (1.e). Utilities: Allegations 1.f. ($328) and 1.j. ($329) - Applicant believes these two allegations refer to the same debt (1.f). Rent: Allegation 1.g. ($3,056) - Applicant disputes this debt. He claims it is related to a debt owed to an apartment complex where he moved after his divorce (1.g). Personal loan: Allegation 1.h. ($13,586) - Applicant obtained a loan in 2005 to begin paying some of his debts (1.h). Retail purchase: Allegation 1.i. ($1,373) - Applicant bought a computer in 2006. He made payments initially, but stopped that same year when he could no longer afford the payments (1.i). Utilities: Allegations 1.f. ($328) and 1.j. ($329) - Applicant believes these two allegations refer to the same debt (1.j). Telecommunications: Allegations 1.b. ($1,022), 1.k. ($225), and 1.l. ($343) - Applicant testified he paid the debt at 1.b., but provided no supporting documentation (1.k). Telecommunications: Allegations 1.b. ($1,022), 1.k. ($225), and 1.l. ($343) - The debt at 1.l. is for an unpaid cable bill, which he intends to pay in the future (1.l). Medical debt: Allegation 1.m. ($5) - Applicant provided documentation to show he paid this debt in October 2009 (1.m). Medical: Allegations 1.d. ($204), 1.e. ($123), and 1.n. ($102) - Debts at 1.d., 1.e., and 1.n. are for emergency room visits concerning Applicant's stroke (1.n). Repossession: Allegation 1.o. ($10,027) - Applicant purchased a 2005 automobile, and made timely payments on time (1.o). Credit card - Allegation 1.p. ($5,580) - Applicant made timely payments on this bank credit card during his first marriage (1.p).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19 (a), AG ¶ 19 (c). The judge applied mitigating conditions AG ¶ 20 (b), AG ¶ 20 (c). The decision turned on the following: The applicant has approximately $37,000 in delinquent debt, demonstrating a history of failure to meet financial obligations; The applicant did not establish a plan to resolve his debts or provide evidence of consistent efforts to address his financial situation; The applicant sought financial counseling only after receiving the Statement of Reasons, indicating a lack of proactive measures to manage his debts.
Why the Applicant Was Denied
- The applicant has approximately $37,000 in delinquent debt, demonstrating a history of failure to meet financial obligations.
- The applicant did not establish a plan to resolve his debts or provide evidence of consistent efforts to address his financial situation.
- The applicant sought financial counseling only after receiving the Statement of Reasons, indicating a lack of proactive measures to manage his debts.
Conditions Referenced
- AG ¶ 19 (a)appliedInability or Unwillingness to Satisfy Debts
- AG ¶ 19 (c)appliedA History of Not Meeting Financial Obligations
- AG ¶ 20 (b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant experienced a stroke and a divorce, which affected his financial situation.
- AG ¶ 20 (c)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant sought financial counseling through his employer's EAP.
Key Rule Quoted
“A security clearance decision is intended only to resolve 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 issuedOct 9, 2009
- Answer filedUndated
- Hearing heldJan 28, 2010
- Decision dateMar 30, 2010
Cite For
- Failure to Establish a Plan to Resolve Significant Debts Under Guideline F
- Insufficient Evidence of Proactive Measures to Address Financial Issues
- Impact of Personal Circumstances on Financial Stability and Security Clearance Eligibility