Summary
The applicant, a 48-year-old systems analyst, faced security clearance denial under Guidelines E, F, and J due to significant financial issues, including numerous delinquent debts and a judgment for unpaid rent. Although he claimed unintentional omissions on his security application, the judge found that his financial irresponsibility raised serious concerns about his reliability and trustworthiness.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: a state tax lien for $254 for tax year 1994 (1.a). a delinquent debt to a bank charged off for $107 (1.b). a car repossession debt for $5,145.46 (1.c). a medical debt in collection for $635 (1.d). a medical debt in collection for $36 (1.e). a delinquent account in collection for $1,248 (1.f). a credit card account in collection for $624 (1.g). a medical debt in collection for $8,131 (1.h). a medical account in collection for $95 (1.i). a television service account in collection for $585 (1.j). a bank account in collection for $1,546 (1.k). a medical account in collection for $100 (1.l). a bank account in collection for $578 (1.m). a medical debt in collection for $650 (1.n). a collection account on a credit card for $662 (1.o). a delinquent bank account in collection for $756 (1.p). a car repossession in collection for $6,497 (1.q). a judgment for past rent for $2,580 (1.r). a delinquent cell phone account in collection for $578 (1.s). a returned check in collection for $98 (1.t). a telephone account in collection for $403 (1.u). a delinquent credit card account in collection for $796 (1.v).
The judge denied the clearance. The government raised disqualifying conditions FC DC ¶ 19(a), FC DC ¶ 19(c). The judge applied mitigating conditions FC MC ¶ 20(a), FC MC ¶ 20(b), FC MC ¶ 20(c), FC MC ¶ 20(d). The decision turned on the following: The applicant admitted to 22 allegations of financial delinquency, demonstrating an inability to manage his finances responsibly; He failed to provide evidence of a concrete plan to address his significant debts, which included multiple collections and a judgment; The applicant's financial issues were deemed a security concern under AG ¶ 18, indicating poor self-control and lack of judgment.
Why the Applicant Was Denied
- The applicant admitted to 22 allegations of financial delinquency, demonstrating an inability to manage his finances responsibly.
- He failed to provide evidence of a concrete plan to address his significant debts, which included multiple collections and a judgment.
- The applicant's financial issues were deemed a security concern under AG ¶ 18, indicating poor self-control and lack of judgment.
Conditions Referenced
- FC DC ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- FC DC ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- FC MC ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's financial issues were ongoing and not infrequent.
- FC MC ¶ 20(b)rejectedConditions That Resulted in the Financial Problems Were Largely Beyond the Person’s ControlThe applicant did not provide sufficient evidence to show that his financial problems were beyond his control.
- FC MC ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the ProblemThe applicant did not present any information on financial counseling.
- FC MC ¶ 20(d)rejectedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue CreditorsThe applicant's efforts to repay debts were not systematic or concrete.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedApr 25, 2008
- Answer filedOct 2, 2008
- Hearing heldNov 20, 2008
- Decision dateDec 18, 2008
Cite For
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F
- The Importance of Providing Accurate Information on Security Clearance Applications Under Guideline E
- The Application of the Whole Person Concept in Security Clearance Determinations.