Summary
The applicant, a 33-year-old electronics security technician and Army veteran, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to delinquent debts and omissions in his security clearance application. The judge found that the applicant had taken significant steps to address his financial issues, including filing for Chapter 13 bankruptcy and demonstrating a commitment to repaying his debts, which mitigated the concerns raised.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: a judgment for rent of $407 (1.a). another judgment of $2,502 for rent to the same landlord (1.b). a judgment on a pay day loan of $582 (1.c). a credit card account in collection for $2,390 (1.d). a credit card in collection for $1,998 (1.e). a bank service fee on an account in collection for $512 (1.f). a charged off jewelry store account for $599 (1.g). a credit card in collection for $6,780 (1.h). an account in collection for $475 (1.i). student loans in collection for $34,765 (1.j). a loan in collection for $4,887 (1.k). a telephone account in collection for $984 (1.l). two bank accounts to the same bank in collection for $368 and $192 (1.m). two bank accounts to the same bank in collection for $368 and $192 (1.n).
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(a), FC MC ¶ 20(b), FC MC ¶ 20(c), FC MC ¶ 20(d), PC MC AG ¶ 17(a). The decision turned on the following: The applicant demonstrated a commitment to resolving his financial issues through a Chapter 13 bankruptcy plan; He provided credible evidence that his omissions in the security clearance application were not deliberate or willful; The applicant's financial situation was under control, with current payments on debts and a strong work ethic noted by his supervisor.
Why the applicant prevailed
- The applicant demonstrated a commitment to resolving his financial issues through a Chapter 13 bankruptcy plan.
- He provided credible evidence that his omissions in the security clearance application were not deliberate or willful.
- The applicant's financial situation was under control, with current payments on debts and a strong work ethic noted by his supervisor.
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)raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- FC MC ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- FC MC ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control
- FC MC ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Under Control
- FC MC ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
- PC MC AG ¶ 17(a)appliedThe Individual Did Not Deliberately Provide False Information on the Security Clearance Application with Intent to Deceive
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 issuedJun 23, 2008
- Answer filedJul 14, 2008
- Hearing heldOct 7, 2008
- Decision dateOct 30, 2008
Cite for
- Mitigating Conditions for Financial Considerations Under Guideline F
- Personal Conduct Considerations Regarding Omissions in Security Clearance Applications
- Whole Person Concept in Evaluating Security Clearance Eligibility