Summary
The applicant, a 44-year-old electrician with a history of financial difficulties and personal conduct issues, sought a security clearance. He had one unpaid judgment, two unpaid tax liens, and 14 accounts in collection totaling over $22,000. However, he demonstrated significant progress by paying off 13 accounts and maintaining current payments on his student loan and tax obligations. The judge found that the applicant had successfully mitigated the financial and personal conduct concerns, leading to a granted clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant failed to disclose tax liens, an unpaid judgment, and current delinquency on debts on his e-QIP (2.a). Applicant failed to indicate he had been more than 180 days delinquent on debts, listing only one debt (2.b). Applicant has a state income tax lien of $2,579 (1.a). Applicant has a student loan obligation of $250, which is current (1.g). Applicant has an unpaid debt of $159, which he is attempting to locate the holder of (1.i). Applicant has a state income tax lien of $4,131, which he is paying (1.r). Applicant has an unpaid judgment of $10,956 related to a repossessed vehicle (1.h).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant paid off 13 of 14 accounts in collection, demonstrating responsible financial behavior; He is current on his student loan and actively paying his tax liens, indicating financial rehabilitation; The applicant's personal conduct issues were mitigated by his lack of awareness regarding the debts at the time of his e-QIP submission.
Why the Applicant Prevailed
- The applicant paid off 13 of 14 accounts in collection, demonstrating responsible financial behavior.
- He is current on his student loan and actively paying his tax liens, indicating financial rehabilitation.
- The applicant's personal conduct issues were mitigated by his lack of awareness regarding the debts at the time of his e-QIP submission.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 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 Is Under Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 29, 2008
- Answer filedNov 26, 2008
- Hearing heldMay 6, 2009
- Decision date—
Cite For
- Mitigation of Financial Issues Under Guideline F
- Consideration of Personal Conduct Under Guideline E
- Impact of Personal Circumstances on Financial Obligations and Disclosures in e-QIP.