Summary
A 57-year-old technical support specialist was granted a security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant's Statement of Reasons detailed approximately $42,000 in financial delinquencies, including several credit card judgments and collection agency accounts ranging from $446 to $12,419, dating back to a default judgment in September 2006.
Additionally, the applicant's e-QIP contained incorrect answers regarding delinquent debts, though this was not deemed a deliberate failure to disclose. A separate concern involved his employment between 1985 and 1994 with a company investigated by the U.S. Naval Criminal Investigative Service for alleged overcharges on a labor contract.
The clearance was granted because all listed debts were paid, demonstrating a good-faith effort to resolve financial obligations. The applicant was unaware of his ex-wife's financial mismanagement and bankruptcy, which contributed to his financial issues. Furthermore, no criminal or civil action resulted from the investigation into his former employer, and he was not disciplined.
Why the applicant prevailed
- All debts listed in the SOR have been paid, demonstrating a good-faith effort to resolve financial obligations.
- The applicant was unaware of his ex-wife's financial mismanagement and bankruptcy, which contributed to his financial issues.
- No criminal or civil action resulted from the investigation into the applicant's former employer, and he was not disciplined.
Conditions referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedAug 5, 2009
- Answer filedSep 14, 2009
- Hearing heldJan 27, 2010
- Decision dateMar 27, 2010
Cite for
- Mitigation of Financial Issues Due to Ex-spouse's Actions
- No Criminal or Civil Action Resulting From Workplace Investigation
- Good-faith Efforts to Resolve Debts Leading to Favorable Outcome