Summary
A 55-year-old senior staff instructor and retired Navy chief petty officer was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited several delinquent debts, including a $4,830 vacation membership service referred for collection in July 2009, medical bills totaling $189 and $150 referred for collection in March and November 2012, respectively, and a credit card account charged off for $14,592 in November 2012. Additionally, two judgments were filed against him: one for $16,178 in June 2013 and another for $315 in March 2012.
The judge found that the applicant's financial difficulties were largely beyond his control, stemming from his wife's illness and subsequent death. It was also determined that the applicant did not intentionally omit relevant information from his security clearance application.
The decision to grant the clearance was based on several mitigating factors. The applicant demonstrated responsible behavior by addressing and settling his debts once he became aware of them. The financial issues were primarily attributed to circumstances outside his control, and there was no evidence of deliberate misrepresentation. Consequently, the applicant was granted eligibility for access to classified information.
Why the Applicant Prevailed
- The applicant acted responsibly by addressing and settling his debts after becoming aware of them.
- The applicant's financial issues were largely due to circumstances beyond his control, including his wife's illness and death.
- The applicant did not deliberately omit relevant information from his security clearance application.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedFeb 12, 2016
- Answer filedApr 7, 2016
- Hearing heldN/ADecision on the record without a hearing.
- Decision dateMar 29, 2017
Cite For
- Mitigation of Financial Issues Due to Circumstances Beyond Control
- Non-deliberate Omissions in Security Clearance Applications
- Whole-person Analysis in Security Clearance Determinations