Summary
This case concerns a 62-year-old defense contractor employee who sought to retain his SECRET security clearance under Guideline F, Financial Considerations. The applicant admitted to a history of financial difficulties, including a bankruptcy and several delinquent debts. Specific allegations included a $1,039 account sent to collection in May 2008, a $2,973 unpaid balance that resulted in a $3,067.85 judgment in November 2008, and a $5,765 account placed for collection. Additionally, a property was foreclosed in November 2007 and scheduled for sale in February 2009.
Disqualifying conditions under Guideline F were raised, but the judge applied several mitigating conditions. The applicant demonstrated a good-faith effort to resolve his financial issues through settlements and ongoing payments. The financial difficulties were largely attributed to circumstances beyond his control, such as family obligations and a business downturn.
Crucially, the applicant's work performance remained strong despite his financial challenges, indicating his reliability. Based on these factors, the judge found that the applicant had taken responsible actions to mitigate the concerns, and his security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve his financial issues through settlements and ongoing payments.
- The financial difficulties were largely due to circumstances beyond the applicant's control, such as family obligations and a business downturn.
- The applicant's work performance remained strong despite financial challenges, indicating reliability.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened Long Ago or Infrequently
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
Key Rule Quoted
“Failure or inability to live within one’s means, satisfy debts, and meet financial obligations may indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations, all of which can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”
Procedural Posture
- SOR issuedAug 29, 2008
- Answer filedOct 13, 2008Applicant's sworn statement responding to SOR.
- Hearing heldMar 25, 2009Hearing conducted as scheduled.
- Decision dateApr 28, 2009
Cite For
- Mitigating Conditions Under Guideline F for Financial Considerations
- Good-faith Efforts to Resolve Financial Issues
- Impact of Circumstances Beyond Control on Financial Stability