Summary
A 54-year-old defense contractor employee's security clearance was granted despite initial concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons (SOR) alleged delinquent debts and a failure to disclose financial delinquencies on his security clearance application.
Specifically, the applicant was cited for not answering "yes" to a question regarding financial delinquencies over 180 days in the last seven years. The SOR also listed several specific debts: a $244 medical debt, which the applicant paid for $488; a $6,926 account settled for $2,543 in 2009; a $168 electric bill paid in 2009; and a $490 medical account that was paid. Two other alleged debts, for $5,356 and another unspecified amount, were found to be duplicates of the $6,926 account, which had been paid. Another account was satisfied by the applicant's wife, and a final medical account was a duplicate of the paid $490 debt.
The judge determined that the applicant had resolved all delinquent debts and provided documentation of payments. Crucially, the judge found that the applicant did not intentionally falsify his application, as he was unaware of the debts at the time of submission. The applicant also demonstrated responsible financial behavior and received credit counseling, leading to the decision to grant his security clearance.
Why the Applicant Prevailed
- The applicant resolved all delinquent debts and provided documentation of payments.
- The applicant did not intentionally falsify his security clearance application, as he was unaware of the debts at the time of application.
- The applicant demonstrated responsible financial behavior and received credit counseling.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification
- AG ¶ 20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to Recur
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(c)appliedReceived Counseling for the Problem
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)appliedReasonable Basis to Dispute the Legitimacy of the Debt
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedFeb 20, 2009
- Answer filedMar 26, 2009
- Hearing heldJul 8, 2009
- Decision dateJul 23, 2009
Cite For
- Mitigating Conditions for Financial Considerations Under Guideline F
- Resolution of Debts and Responsible Financial Behavior
- Non-intentional Falsification of Security Clearance Application Under Guideline E