Summary
The applicant, a 37-year-old aircraft mechanic and former Air Force member, faced security clearance denial due to financial issues, including child-support arrears and a delinquent governmental debt, as well as a falsification allegation regarding his security-clearance application. The judge found insufficient evidence to prove deliberate falsification but determined that the applicant's ongoing financial problems raised significant security concerns, leading to a denial of his application.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The child-support arrears are based on a court order to pay child support for his three minor sons. In February 2008, the arrearage was about $7,171, and it was reduced to about $6,316 by November 2008. In March 2009, child-support enforcement issued an income-withholding order or wage garnishment to Applicant’s employer. It requires withholding of $610 monthly, which includes $125 monthly for child-support arrears greater than 12 weeks. In May 2009, Applicant’s federal income tax refund of $2,114 was intercepted and applied to the child-support arrears. Applicant estimates the current arrearage is about $3,900 (1.a). The delinquent governmental debt is for repayment of a reenlistment bonus Applicant received from the Air Force. In February 2008, the balance was about $11,207, and it was reduced to about $9,295 by November 2008. It has been reduced by interception of his federal income tax refunds; otherwise, he has made no payments on this debt (1.b). Applicant wrote multiple bad checks, and some of those checks led to criminal prosecution. He estimates the total of bad checks was about $3,400. The documentary evidence shows that he wrote about 29 bad checks for a total of about $2,800 that were resolved by payment and pleading guilty to a misdemeanor. He had no information about the three bad checks placed for collection for $65, $63, and $75, which appear in his February 2008 credit report (1.h).
The judge denied the clearance. The government raised disqualifying conditions DC 1, DC 3, DC 4. The decision turned on the following: The applicant has a history of financial problems, including child-support arrears and a delinquent governmental debt, which are ongoing and unresolved; The applicant's financial irresponsibility raises questions about his reliability and trustworthiness; The applicant did not present sufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his financial issues.
Why the Applicant Was Denied
- The applicant has a history of financial problems, including child-support arrears and a delinquent governmental debt, which are ongoing and unresolved.
- The applicant's financial irresponsibility raises questions about his reliability and trustworthiness.
- The applicant did not present sufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his financial issues.
Conditions Referenced
- DC 1appliedInability or Unwillingness to Satisfy Debts
- DC 3appliedA History of Not Meeting Financial Obligations
- DC 4appliedDeceptive or Illegal Financial Practices
Key Rule Quoted
“It is well-established law that no one has a right to a security clearance.”
Procedural Posture
- SOR issuedDec 18, 2008
- Answer filedFeb 2, 2009
- Hearing heldJun 16, 2009
- Decision dateAug 17, 2009
Cite For
- Financial Irresponsibility as a Disqualifying Condition Under Guideline F
- Insufficient Evidence to Mitigate Ongoing Financial Issues
- The Standard That No One Has a Right to a Security Clearance