Summary
The applicant, a 42-year-old senior management analyst with a defense contractor, faced security concerns under Guidelines E and F due to financial difficulties and personal conduct issues. The judge found that the applicant had taken significant steps to address her debts and did not intentionally falsify information on her security clearance application. Ultimately, the applicant was granted eligibility for a security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant’s incomplete answer to a question on her security clearance application concerning her past due debts raises a security concern under Personal Conduct Disqualifying Condition (PC DC) AG ¶ 16(a) (the deliberate omission concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history, or similar form used to conduct investigations, to determine security eligibility or trustworthiness) (2.a). a judgment for $2,568 (1.a). a delinquent bill for $539 (1.b). a collection account for $1,348 (1.c). a collection account on a returned check for $591 (1.d). a collection account on a returned check for $30 (1.e). a collection account on a returned check for $25 (1.f). a charged off automobile account for $4,997 (1.g). a collection account for $11,834 (1.h). a collection account for $232 (1.i). a collection account for $622 (1.j). a past due auto loan account for $483 (1.k). a delinquent student loan account for $239 (1.l). a collection account for $457 (1.m). a collection account for a cell phone debt of $273 (1.n).
The judge granted the clearance. The government raised disqualifying conditions FC DC ¶ 19(a), FC DC ¶ 19(c), PC DC AG ¶ 16(a). The judge applied mitigating conditions FC MC ¶ 20(a), FC MC ¶ 20(b), FC MC ¶ 20(d), PC MC ¶ 17. The decision turned on the following: The applicant demonstrated a good-faith effort to repay her debts, with many debts either paid or in payment plans; The applicant's financial difficulties were largely due to circumstances beyond her control, including medical issues and family responsibilities; The applicant did not intentionally provide false information on her security clearance application.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to repay her debts, with many debts either paid or in payment plans.
- The applicant's financial difficulties were largely due to circumstances beyond her control, including medical issues and family responsibilities.
- The applicant did not intentionally provide false information on her security clearance application.
Conditions Referenced
- FC DC ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- FC DC ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- PC DC AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- FC MC ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- FC MC ¶ 20(b)appliedConditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control
- FC MC ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
- PC MC ¶ 17appliedThe Individual Has Provided Truthful and Candid Answers During the Security Clearance Process
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedDec 21, 2007
- Answer filedJan 30, 2008Undated response received.
- Hearing heldMay 1, 2008Hearing convened as scheduled.
- Decision dateJun 9, 2008
Cite For
- Mitigating Conditions for Financial Considerations Under Guideline F
- Personal Conduct Issues Related to Omissions on Security Clearance Applications
- Whole Person Concept in Evaluating Security Clearance Eligibility