Summary
A 34-year-old defense contractor employee sought a security clearance, which was ultimately granted despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons alleged the applicant was financially overextended, owing approximately $66,488.00 to at least ten creditors, and had a history of not meeting financial obligations. Additionally, the government alleged the applicant falsified his Electronic Questionnaire for Investigations Processing (EQIP) dated December 2, 2007, by falsely answering "NO" to questions regarding unpaid judgments, being over 180 days delinquent on debts, and being over 90 days delinquent on debts.
However, the applicant demonstrated a good faith effort to resolve his financial issues. He incurred no new debt, reduced expenses, hired a consumer credit counselor, and prioritized paying delinquent debts. The applicant also received positive employer feedback and provided letters of recommendation attesting to his honesty.
The judge found that the applicant's financial difficulties were largely beyond his control, stemming partly from prolonged unemployment. Crucially, the judge determined that the applicant had not intentionally falsified information on his EQIP, finding his explanations credible and sincere. Based on these mitigating factors and the applicant's demonstrated efforts, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated a good faith effort to resolve his financial debts through a structured payment plan and counseling.
- The applicant's financial difficulties were largely due to circumstances beyond his control, including prolonged unemployment.
- The judge found the applicant's explanations for the alleged falsifications credible and accepted his sincerity.
Conditions Referenced
- 19(a)raisedInability or Unwillingness to Satisfy Debts
- 19(c)raisedA History of Not Meeting Financial Obligations
- 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- 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
- 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedNov 21, 2008
- Answer filedDec 21, 2008
- Hearing heldMar 12, 2009
- Decision dateApr 14, 2009
Cite For
- Mitigating Conditions for Financial Considerations Under Guideline F
- Credibility of Applicant's Explanations for Falsification Under Guideline E
- Whole Person Assessment in Security Clearance Determinations