Summary
A 52-year-old defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited a total of 27 debts, including an $11,782 delinquent medical debt, 22 additional medical debts totaling $6,944, a $3,039 delinquent car loan, two miscellaneous debts totaling $782, and a $171 debt that might be medical. These issues raised disqualifying conditions F.19(a), F.19(c), and E.16(a).
The judge determined that the applicant did not intentionally provide false information on his SF 86, addressing the Guideline E concern. For the financial issues, the judge applied mitigating conditions F.20(a), F.20(b), F.20(c), F.20(d), and F.20(e).
The clearance was granted because the applicant successfully demonstrated proactive steps to resolve his debts. His financial difficulties were largely attributed to significant medical issues, which were considered beyond his control. The judge concluded that the applicant had mitigated the financial concerns and had not intentionally falsified information.
Why the Applicant Prevailed
- The applicant successfully mitigated financial concerns by demonstrating proactive steps to resolve debts.
- The applicant's medical issues were a significant factor in his financial difficulties, which were largely beyond his control.
- The applicant did not intentionally falsify information on his security clearance application.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- E.16(a)rejectedDeliberate Omission, Concealment, or Falsification of Relevant FactsThe applicant did not intentionally provide false information on the SF 86.
- F.20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to Recur
- F.20(b)appliedConditions Resulting in Financial Problems Were Largely Beyond the Person's Control
- F.20(c)appliedReceived Counseling for the Problem And/or Clear Indications That the Problem Is Being Resolved
- F.20(d)appliedInitiated a Good-faith Effort to Repay Overdue Creditors or Resolve Debts
- F.20(e)appliedReasonable Basis to Dispute the Legitimacy of Past-due Debt
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 27, 2015
- Answer filedDec 21, 2015
- Hearing heldJun 23, 2016
- Decision dateOct 21, 2016
Cite For
- Mitigation of Financial Concerns Due to Medical Issues Under Guideline F
- Non-intentional Falsification of Information on Security Clearance Applications Under Guideline E
- Proactive Measures Taken to Resolve Financial Difficulties as a Mitigating Factor.