Summary
This case concerns a 59-year-old defense contractor employee whose eligibility for a security clearance was reviewed under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). Concerns arose from approximately $36,749 in delinquent debts, including a $13,000 judgment from April 2007, and a mortgage in foreclosure with a balance of $275,095. The applicant filed for Chapter 7 bankruptcy in July 2009, listing 14 creditors and $71,745 in debts, a process that was still pending at the time of the hearing. Additionally, an allegation of inaccurate information on his SF 85P was noted, though it was not deemed an intentional falsification.
The applicant's financial challenges were largely attributed to extended periods of unemployment and underemployment, exacerbated by his wife losing her job in September 2009. Despite these difficulties, the applicant demonstrated responsible efforts to manage his debts and sought bankruptcy as a final measure. He was also found to be candid and forthcoming about his financial situation throughout the investigation and hearing process.
Considering these factors, the judge determined that the applicant's financial issues were primarily beyond his control and that he acted responsibly. Consequently, the applicant was GRANTED eligibility for access to sensitive information.
Why the Applicant Prevailed
- The applicant's financial difficulties were primarily due to extended periods of unemployment and underemployment.
- He demonstrated responsible behavior by attempting to catch up on debts and seeking bankruptcy as a last resort.
- The applicant was candid about his financial situation during the investigation and hearing.
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
Key Rule Quoted
“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural Posture
- SOR issuedMay 19, 2009
- Answer filedJul 13, 2009Applicant requested a hearing.
- Hearing heldNov 3, 2009
- Decision dateJan 8, 2010
Cite For
- Mitigation of Financial Difficulties Under Guideline F Due to Unemployment
- Consideration of Personal Conduct in the Context of Financial Issues
- Whole-person Analysis in Trustworthiness Determinations