Summary
A 38-year-old truck driver for a Department of Defense contractor was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons cited seven delinquent accounts, including a $23,503 debt from a 2004 voluntary repossession of a leased semi-truck, a $2,633 credit card account, a $1,130 credit card account, a $1,747 computer account, a $773 cell phone account, and two medical accounts for $128 and $199, respectively.
Disqualifying conditions FC DC 19(a) and FC DC 19(c) were raised. However, the judge applied mitigating conditions FC MC 20(a), FC MC 20(b), FC MC 20(c), FC MC 20(d), and FC MC 20(e).
The clearance was granted because the applicant resolved six of the seven delinquent accounts, demonstrating responsible financial behavior. He also disputed the largest debt related to the truck repossession and sought legal advice regarding it. The judge determined that the applicant's financial difficulties were largely due to circumstances beyond his control, specifically a business downturn.
Why the Applicant Prevailed
- The applicant resolved six of the seven delinquent accounts, demonstrating responsible financial behavior.
- The applicant disputed the largest debt related to a truck repossession and sought legal advice regarding it.
- The applicant's financial difficulties were largely due to circumstances beyond his control, including a business downturn.
Conditions Referenced
- FC DC 19(a)raisedInability or Unwillingness to Satisfy Debts
- FC DC 19(c)raisedA History of Not Meeting Financial Obligations
- 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 Problem 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 Is Under Control
- FC MC 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- FC MC 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 30, 2009
- Answer filedJun 1, 2009
- Hearing heldAug 25, 2009
- Decision dateSep 22, 2009
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Disputed Debts and Their Impact on Security Clearance Eligibility
- Responsible Financial Management and Resolution of Delinquent Accounts