Case Headnote
ISCR Case No. 06-23412.h1
deniedMay 31, 2007· Hon. Noreen A. Lynch· hearing
Summary
A 29-year-old defense contractor was denied a security clearance under Guideline F, Financial Considerations. The denial stemmed from approximately $21,765 in delinquent debt, which raised disqualifying conditions AG ¶ 19(a) and AG ¶ 19(c).
The applicant had not made any payments on these delinquent accounts and failed to establish a payment plan. Despite the potential applicability of mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d), the judge found that the applicant provided no evidence to mitigate the financial issues.
Consequently, the applicant's failure to address the significant delinquent debt and lack of a payment plan led to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant incurred approximately $21,765 in delinquent debt.
- He has not made any payments on the delinquent accounts.
- The applicant provided no evidence of mitigating circumstances or a payment plan.
Conditions Referenced
Disqualifying
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
Mitigating
- AG ¶ 20(a)rejectedThe 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 JudgmentThe applicant still carries a significant amount of delinquent debt.
- AG ¶ 20(b)rejectedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's ControlThe applicant provided no evidence of circumstances beyond his control.
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Under ControlAll debts remain outstanding and no structured plan to resolve them was presented.
- AG ¶ 20(d)rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant made no attempts to resolve the delinquent accounts.
Key Rule Quoted
“The objective of the trustworthy determination process is the fair-minded, commonsense assessment of a person’s life to make an affirmative determination that the person is eligible for assignment to sensitive duties.”
Procedural Posture
- SOR issuedJan 30, 2007
- Answer filedFeb 23, 2007Applicant elected to have the case decided on the record.
- Hearing held—No hearing; case decided on the record.
- Decision dateMay 31, 2007
Cite For
- Failure to Mitigate Financial Concerns Under Guideline F
- Significant Delinquent Debt as a Disqualifying Factor
- Lack of Good-faith Effort to Resolve Debts as a Basis for Denial
Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.