Summary
The applicant, a 45-year-old defense contractor and former Marine, sought a security clearance despite financial difficulties and overdue debts under Guidelines E and F. The judge found that the applicant had made good-faith efforts to resolve his debts and did not knowingly provide false information on his security clearance application. Ultimately, the applicant was granted eligibility for access to classified information.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant executed a signed SCA on October 30, 2006 (Exhibit 1). Question 28.a. asks, “In the last 7 years, have you been over 180 days delinquent on any debt(s)?” Question 28.b. asks, “Are you currently over 90 days delinquent on any debt(s)?” Applicant answered “No” to both of these questions, and he listed no debts. The Government alleges that Applicant should have included the debts listed as 1.a. through 1.e., discussed above in the SOR (2.a). This overdue debt to Creditor 1 is cited in the SOR in the amount of $235 (1.a). This overdue debt to Creditor 2 is cited in the SOR in the amount of $17,260 (1.b). This overdue debt to Creditor 3 is cited in the SOR in the amount of $1,420 (1.c). This overdue debt to Creditor 4 is cited in the SOR in the amount of $30 (1.d). This overdue debt to Creditor 5 is cited in the SOR in the amount of $30 (1.e).
The judge granted the clearance. The government raised disqualifying conditions F.1.a, F.1.c. The judge applied mitigating conditions F.2.d, E.2.a. The decision turned on the following: The applicant demonstrated a good-faith effort to repay overdue creditors and resolve his debts; The applicant did not knowingly provide incorrect material information on his Security Clearance Application (SCA); The applicant's financial difficulties were largely due to errors made by the child support agency.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to repay overdue creditors and resolve his debts.
- The applicant did not knowingly provide incorrect material information on his Security Clearance Application (SCA).
- The applicant's financial difficulties were largely due to errors made by the child support agency.
Conditions Referenced
- F.1.araisedFinancial Considerations - Inability or Unwillingness to Satisfy Debts
- F.1.craisedFinancial Considerations - A History of Not Meeting Financial Obligations
- F.2.dappliedFinancial Considerations - the Individual Has Initiated a Good-faith Effort to Repay Overdue Creditors and Resolve Debts
- E.2.aappliedPersonal Conduct - the Individual Did Not Knowingly Provide False Information
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 7, 2008
- Answer filedMar 7, 2008
- Hearing heldAug 12, 2008in Honolulu, Hawaii
- Decision dateSep 15, 2008
Cite For
- Good-faith Efforts to Resolve Financial Issues Under Guideline F
- Lack of Intent to Mislead in Personal Conduct Under Guideline E
- Whole Person Concept in Evaluating Security Clearance Eligibility