Summary
A 40-year-old software engineer's security clearance was denied due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline K (Handling Protected Information). The Department of Defense sought to revoke his clearance, citing a history of financial problems and alleged falsifications on his January 2013 security clearance application.
The Statement of Reasons detailed several issues, including the applicant's failure to disclose three security violations from 2012 and multiple delinquent financial accounts. These accounts included a $26,910 charged-off second mortgage, $29,589 in charged-off credit card accounts, a $406 collection account, and three additional collection accounts totaling $5,732. While the judge found the applicant's explanations for the omissions in his application credible, they were ultimately insufficient to mitigate the overall negative assessment.
The denial was based on the applicant's long-standing and unaddressed financial problems. He made no effort to resolve seven delinquent debts, totaling approximately $62,231, even after receiving the Statement of Reasons. This financial irresponsibility led to questions regarding his reliability and trustworthiness, resulting in the denial of his security clearance.
Why the Applicant Was Denied
- The applicant has a long-standing history of financial problems that he has not addressed.
- He made no effort to resolve seven delinquent debts totaling approximately $62,231 after receiving the SOR.
- His financial irresponsibility raises questions about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of Ability to Do So
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlThe applicant's financial issues stemmed from his marital separation and divorce.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue Creditors or Resolve DebtsThe applicant did not demonstrate any effort to resolve his debts.
- AG ¶ 20(e)rejectedReasonable Basis to Dispute the Legitimacy of the Past-due DebtThe applicant did not provide documented proof to support his disputes.
Key Rule Quoted
“The burden of proof is less than a preponderance of evidence.”
Procedural Posture
- SOR issuedMar 30, 2016
- Answer filedApr 27, 2016
- Hearing heldApr 27, 2017Applicant appeared pro se.
- Decision dateJan 18, 2018
Cite For
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F
- Credibility of Applicant's Explanations for Omissions in Security Clearance Application
- The Burden of Proof Standard in Security Clearance Cases