Summary
The applicant, a DOD contractor with financial issues stemming from his wife's medical expenses and a period of unemployment, sought to maintain his security clearance under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The judge found that the applicant's financial difficulties were largely beyond his control and that he had made significant efforts to resolve his debts, leading to a favorable decision.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant omitted delinquent debts on his security clearance application (2.a). a $328 cable television account placed for collection (1.a). a $172 medical account (1.b). a $172 medical account (1.c). a $26,432 second mortgage account placed for collection (1.d). a $990 past-due account with a total balance of $6,119 (1.e). a $550 medical account placed for collection (1.f). a $19 medical account placed for collection (1.g). a $6,120 account placed for collection (1.h). a $51 medical account placed for collection (1.i). a $156 medical account placed for collection (1.j). a $379 medical collection account (1.k).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant demonstrated that his financial issues were largely due to circumstances beyond his control, including his wife's medical expenses and a period of unemployment; He provided evidence of good-faith efforts to resolve his debts, including paying off several delinquent accounts and maintaining current mortgage payments; The applicant's omissions on his security clearance application were found to be unintentional and not indicative of a lack of candor.
Why the Applicant Prevailed
- The applicant demonstrated that his financial issues were largely due to circumstances beyond his control, including his wife's medical expenses and a period of unemployment.
- He provided evidence of good-faith efforts to resolve his debts, including paying off several delinquent accounts and maintaining current mortgage payments.
- The applicant's omissions on his security clearance application were found to be unintentional and not indicative of a lack of candor.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Occurred Under Circumstances Unlikely to Recur
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
- AG ¶ 20(e)appliedReasonable Basis to Dispute Legitimacy of Debt
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedAug 21, 2016
- Answer filedSep 13, 2016Requested decision on the record.
- Hearing held—Decision based on written record.
- Decision dateJul 21, 2017
Cite For
- Mitigating Conditions Under Guideline F for Financial Difficulties Due to Circumstances Beyond Control
- Unintentional Omissions in Security Clearance Applications Under Guideline E
- Good-faith Efforts to Resolve Financial Issues as a Mitigating Factor