Summary
A 52-year-old U.S. Air Force veteran and defense 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: a cable account for $1,309 and a home equity loan for $25,196. It was also alleged that the applicant deliberately falsified her security clearance application by failing to disclose these debts.
The judge determined that the applicant successfully mitigated these concerns. The home equity loan debt was discharged by the lender after the applicant disputed its legitimacy. Regarding the cable account, the applicant was unaware of its delinquency until notified by the Statement of Reasons; she subsequently paid the $1,309 in full while simultaneously disputing the charge.
Ultimately, the judge found that the circumstances surrounding both debts were largely beyond the applicant's control, stemming from issues such as a divorce and miscommunication with a lender. The applicant was found not to have deliberately falsified her application. Consequently, the security clearance was granted, allowing her access to classified information.
Why the Applicant Prevailed
- The applicant successfully disputed the legitimacy of the home equity loan debt, which was discharged by the lender.
- The applicant was not aware of the delinquent cable account until notified by the SOR and paid it in full while disputing it.
- The circumstances surrounding the debts were largely beyond the applicant's control, including a divorce and miscommunication with the lender.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“The evidence on Applicant’s financial condition and her personal conduct does not raise doubts about her reliability, trustworthiness, good judgment, and ability to protect classified information.”
Procedural Posture
- SOR issuedNov 21, 2016
- Answer filedJan 9, 2017
- Hearing held—Decision based on written record without a hearing.
- Decision dateOct 24, 2017
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Circumstances Beyond Control
- Non-deliberate Omission of Debts in Security Clearance Applications Under Guideline E
- Disputing the Legitimacy of Debts as a Mitigating Factor in Security Clearance Cases