Summary
The applicant, a 64-year-old security specialist, faced security clearance issues under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to significant delinquent debts totaling approximately $40,000, primarily from medical bills and credit card collections. The judge found that while the applicant mitigated concerns under Guideline E, he failed to meet his burden regarding Guideline F, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: 2006 Tax Lien (approximately $11,914) – IN REPAYMENT (1.a). 2008 Medical Balance (approximately $11,948) – UNADDRESSED (1.b). Collection Entity (approximately $445) – UNADDRESSED (1.c). Credit Card Collection (approximately $2,864) – UNADDRESSED (1.d). Credit Card Collection (approximately $5,432) – UNADDRESSED (1.e). Credit Card Collection (approximately $2,666) – UNADDRESSED (1.f). Creditor (approximately $1,755) – UNADDRESSED (1.g). Telecommunications Provider (approximately $699) – UNADDRESSED (1.h). Credit Card Collection (approximately $3,097) – UNADDRESSED (1.i). Telecommunications/Cable Provider (approximately $103) – PAID (1.j).
The judge denied the clearance. The government raised disqualifying conditions FC DC AG ¶ 19(a), FC DC AG ¶ 19(c). The judge applied mitigating conditions FC MC AG ¶ 20(b), FC MC AG ¶ 20(d). The decision turned on the following: The applicant had approximately $40,000 in delinquent debts, including significant medical bills, which he was unable to address; The applicant did not provide sufficient evidence of efforts to resolve his financial obligations, particularly those incurred prior to 2008.
Why the Applicant Prevailed
- The applicant mitigated security concerns under Guideline E due to a lack of intent to mislead in his e-QIP responses.
Conditions Referenced
- FC DC AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- FC DC AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- FC MC AG ¶ 20(b)appliedConditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- FC MC AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 24, 2009
- Answer filedFeb 18, 2009Applicant declined a hearing.
- Hearing held—Administrative determination only.
- Decision dateJun 29, 2009
Cite For
- Mitigation of Personal Conduct Concerns Under Guideline E
- Financial Considerations Disqualifying Conditions Under Guideline F
- Impact of Medical Emergencies on Financial Obligations