Summary
The applicant, a 42-year-old security guard, faced security clearance denial under Guideline F due to six delinquent accounts totaling over $21,000. The judge found that the applicant failed to demonstrate any efforts to repay the debts or establish a repayment plan, leading to concerns about financial responsibility and reliability.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: the first debt of $14525 was the repossessed pick-up truck previously discussed (1.a). the $340 debt is a collection agency attempting to collect a past due telephone bill (1.b). the $2,954 debt was a national credit card account opened in February 1995, which has been charged off (1.c). the $330 debt is a collection agency attempting to collect a different past due telephone bill (1.d). the last two accounts are the same collection agency attempting to collect for two different national department store accounts, $2,044 (1.e). the last two accounts are the same collection agency attempting to collect for two different national department store accounts, $1,190 (1.f).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(a), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: Applicant has six delinquent accounts totaling over $21,000, which have not been paid or addressed; No evidence of a repayment plan or any payments made on the debts was presented; Applicant's financial problems were not mitigated by any evidence of counseling or good-faith efforts to resolve debts.
Why the Applicant Was Denied
- Applicant has six delinquent accounts totaling over $21,000, which have not been paid or addressed.
- No evidence of a repayment plan or any payments made on the debts was presented.
- Applicant's financial problems were not mitigated by any evidence of counseling or good-faith efforts to resolve debts.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlApplicant's financial problems were contributed to by periods of unemployment.
- AG ¶ 20(a)rejectedBehavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurDebts remain unpaid and are recent and numerous.
- AG ¶ 20(c)rejectedReceived or Is Receiving Counseling for the ProblemNo evidence of financial counseling or that the financial problems are under control.
- AG ¶ 20(d)rejectedInitiated a Good-faith Effort to Repay Overdue CreditorsOnly student loans were mentioned, which are not debts of concern listed in the SOR.
- AG ¶ 20(e)rejectedReasonable Basis to Dispute the Legitimacy of the Past-due DebtNo evidence of disputing the legitimacy of the debts.
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 31, 2008
- Answer filedFeb 2, 2008Applicant elected to proceed without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateMay 26, 2009
Cite For
- Denial of Security Clearance Due to Unresolved Financial Obligations
- Impact of Financial Irresponsibility on Security Clearance Eligibility
- Failure to Demonstrate Good-faith Efforts to Resolve Debts