Summary
A 62-year-old defense contractor employee was initially denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). These concerns stemmed from 17 delinquent debts totaling $153,614 and an allegation that he falsified his May 2015 Questionnaire for National Security Positions (SF 86). Specifically, it was alleged he failed to list several debts in response to section 26 of the form.
The judge ultimately granted the applicant eligibility for a security clearance, finding that he had successfully mitigated the initial concerns. The applicant demonstrated a good-faith effort to resolve his delinquent debts, and it was determined that circumstances beyond his control contributed to his financial difficulties.
Crucially, the judge found that the applicant did not intentionally falsify his SF 86, as he was unaware of the debts at the time of completing the form. These mitigating factors led to the favorable outcome.
Why the applicant prevailed
- The applicant demonstrated a good-faith effort to resolve his delinquent debts.
- Circumstances beyond the applicant's control contributed to his financial issues.
- The applicant did not intentionally falsify his SF 86, as he was unaware of his debts.
Conditions referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- E.16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- F.20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- E.15rejectedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and RegulationsThe applicant did not intentionally falsify his SF 86.
Key rule quoted
“A security clearance adjudication is an evaluation of an individual’s judgment, reliability, and trustworthiness. It is not a debt-collection procedure.”
Procedural posture
- SOR issuedJun 13, 2016
- Answer filedJul 18, 2016Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateOct 13, 2017
Cite for
- Mitigation of Financial Considerations Under Guideline F
- Lack of Intent in Personal Conduct Allegations Under Guideline E
- Good-faith Efforts to Resolve Debts as a Mitigating Factor