Summary
The applicant, a 43-year-old information assurance officer with a history of financial difficulties, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to delinquent debts and alleged falsification on security clearance applications. The judge found that the applicant had made significant efforts to address his financial issues, including payment agreements and rehabilitation of debts, and determined that his omissions were not intentional. Consequently, the applicant was granted security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: $1,147.60 charged off for a finance company (1.a). an IRS tax lien for $8,627 for tax year 2002 (1.b). a charged off debt to a catalog company for $801 (1.c). a student loan in collection for $23,960 (1.d). a judgment by a home owners association for $545 (1.e). another judgment for the same home owner's association for $880 (1.f). another IRS tax lien for tax year 2006 for $21,889 (1.g).
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(b), FC MC ¶ 20(d). The decision turned on the following: The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts; Most of the applicant's delinquent debts were either disputed, paid, or being paid off; The applicant's omissions on security clearance applications were found to be unintentional.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts.
- Most of the applicant's delinquent debts were either disputed, paid, or being paid off.
- The applicant's omissions on security clearance applications were found to be unintentional.
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(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
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 30, 2008
- Answer filedSep 17, 2008
- Hearing heldNov 18, 2008
- Decision dateDec 11, 2008
Cite For
- Good-faith Efforts to Resolve Financial Obligations Under Guideline F
- Unintentional Omissions in Security Clearance Applications Under Guideline E
- Mitigating Conditions Applicable to Financial Difficulties Due to Circumstances Beyond Control