Summary
A 69-year-old veteran and federal contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited two delinquent debts totaling approximately $32,000: one for a boat purchased about seven years prior, amounting to $22,236, and another for a credit card used for remodeling, totaling $10,051. Additionally, the applicant was alleged to have omitted financial information in Section 26 of his security clearance application.
The applicant attributed his financial difficulties to significant medical issues and a period of unemployment. The judge found that the applicant did not intentionally falsify his security clearance application.
The decision to grant the clearance was based on several mitigating factors. The applicant provided credible evidence supporting his claims of financial hardship due to medical issues and unemployment. Crucially, the applicant resolved the debts in question, demonstrating responsible financial behavior. These actions mitigated the initial concerns, leading to the granting of the security clearance.
Why the Applicant Prevailed
- The applicant provided credible evidence of financial difficulties due to medical issues and unemployment.
- The applicant resolved the debts in question, demonstrating responsible financial behavior.
- The judge found no intentional falsification of the security clearance application.
Conditions Referenced
- FC DC AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- FC DC AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- FC MC AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- FC MC AG ¶ 20(b)appliedConditions That Resulted in the Behavior Were Largely Beyond the Person’s Control
- FC MC AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- FC MC AG ¶ 20(c)notedThe Person Has Received or Is Receiving Counseling for the Problem
Key Rule Quoted
“The U.S. Government must present evidence to establish controverted facts alleged in the SOR.”
Procedural Posture
- SOR issuedOct 10, 2015
- Answer filed—Applicant requested a review based on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateAug 17, 2016
Cite For
- Mitigation of Financial Issues Due to Medical Circumstances
- No Intentional Falsification of Security Clearance Application
- Whole-person Concept in Security Clearance Evaluations