Summary
The applicant, a 37-year-old photo editor for a Department of Defense contractor, faced security concerns under Guidelines E and F due to financial difficulties stemming from caring for her ill mother. The judge found that the applicant had taken responsible steps to manage her debts and did not demonstrate intentional falsification in her security clearance application. Ultimately, the applicant was granted eligibility for access to classified information.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant omitted a material fact from her e-QIP when she answered “no” to Questions 28a, about debts over 180 days delinquent, and 28b, about debts currently 90 days over (2.a). Applicant owes $3,600 for terminating her apartment lease in September 2007 (1.a). Applicant has a credit card debt of $2,970 (1.b). Applicant has a credit card debt of $6,500 (1.c). Applicant has a credit card debt of $9,000 (1.d). Applicant has a credit card debt of $3,542 (1.e). Applicant has a credit card debt of $1,100 (1.f).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant demonstrated a good faith effort to resolve her debts through payment plans and negotiations with creditors; The applicant's financial difficulties were largely due to circumstances beyond her control, specifically her mother's illness; The judge found no intent to falsify information in the security clearance application, as the applicant believed her debts were current.
Why the Applicant Prevailed
- The applicant demonstrated a good faith effort to resolve her debts through payment plans and negotiations with creditors.
- The applicant's financial difficulties were largely due to circumstances beyond her control, specifically her mother's illness.
- The judge found no intent to falsify information in the security clearance application, as the applicant believed her debts were current.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions 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 government must establish a nexus between the existence of the established facts and events and a legitimate security concern.”
Procedural Posture
- SOR issuedMay 26, 2009
- Answer filedJun 20, 2009
- Hearing heldDec 8, 2009
- Decision dateMar 11, 2010
Cite For
- Good Faith Effort to Resolve Financial Issues Under Guideline F
- No Intent to Falsify Information in Security Clearance Applications Under Guideline E
- Mitigating Conditions Applicable to Financial Difficulties Caused by Circumstances Beyond Control