Summary
A 60-year-old retired military service member was denied national security eligibility for a public trust position due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant had approximately $31,000 in unresolved delinquent debts and failed to disclose these debts in his 2012 security clearance application. Specifically, the applicant did not disclose a 2010 judgment and other delinquent debts.
While the applicant resolved a $7,000 judgment from 2010 and a $12,322 debt, other financial issues remained. The judge determined that the applicant failed to mitigate financial trustworthiness concerns because significant delinquent debts were still unresolved.
Furthermore, the deliberate omission of delinquent debts and the judgment from his application raised serious questions about his reliability and judgment. The applicant did not provide sufficient evidence to demonstrate a good-faith effort to resolve his overall financial issues, leading to the denial.
Why the Applicant Was Denied
- The applicant failed to mitigate financial trustworthiness concerns due to unresolved delinquent debts.
- The applicant deliberately omitted disclosing delinquent debts and a judgment in his security clearance application, raising questions about his reliability and judgment.
- The applicant did not provide sufficient evidence to demonstrate a good-faith effort to resolve his financial issues.
Conditions Referenced
- F.1.araisedInability to Satisfy Debts
- F.1.braisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- F.1.craisedHistory of Not Meeting Financial Obligations
- E.2.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- F.20.dappliedGood-faith Effort to Repay Overdue CreditorsThe applicant resolved two of the seven debts.
- F.20.arejectedBehavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20.brejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- F.20.crejectedReceived or Is Receiving Financial Counseling
- F.20.erejectedReasonable Basis to Dispute the Legitimacy of the Past-due Debt
- E.17.crejectedOffense Is so Minor or Unlikely to Recur
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedApr 1, 2016
- Answer filedApr 28, 2016Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateAug 31, 2017
Cite For
- Failure to Disclose Financial Obligations in Security Clearance Application Under Guideline E
- Unresolved Delinquent Debts as a Basis for Denial Under Guideline F
- Good-faith Efforts to Resolve Debts May Mitigate Some Concerns but Not All