Summary
A 42-year-old former U.S. Army Staff Sergeant, with 20 years of service, sought to renew his security clearance. Initial concerns under Guideline E (Personal Conduct) were withdrawn. The remaining issues fell under Guideline F (Financial Considerations), specifically regarding approximately $72,000 in delinquent debts.
The Statement of Reasons alleged that the applicant intentionally omitted relevant financial information from his security clearance application by answering "no" to question 28, concerning debts more than 180 days past due in the preceding seven years. Disqualifying conditions AG ¶ 19(a) and AG ¶ 19(c) were raised.
However, the judge found that the applicant's financial problems stemmed from circumstances beyond his control, primarily his wife's medical issues. The applicant demonstrated proactive steps to resolve his debts, including enrolling in a debt management plan and making regular payments. His current financial situation was stable, with a positive cash flow. Mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d) were applied, and the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated that his financial issues were due to circumstances beyond his control, specifically his wife's medical condition.
- He has taken proactive steps to resolve his debts, including enrolling in a debt management plan and making regular payments on outstanding obligations.
- The applicant's current financial situation is stable, with a positive cash flow that allows him to meet his obligations.
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 and Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good Judgment
- 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
“A security clearance decision is intended to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedFeb 12, 2009
- Answer filed—
- Hearing heldApr 21, 2009
- Decision dateAug 19, 2009
Cite For
- Mitigating Conditions for Financial Considerations Under Guideline F
- Impact of Personal Circumstances on Financial Obligations
- Whole Person Concept in Security Clearance Evaluations