Summary
A 48-year-old business developer with a military background was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons (SOR) detailed several financial allegations, including a $179 judgment for an apartment landlord, a $1,695 cable company debt in collection, and another $240 debt for the same apartment complex. Additional debts included an $812 credit card debt in collection, four debts totaling $1,954 owed to a timeshare company, and three other debts for $2,409, $1,868, and $1,651 respectively. A past-due property rental for $640 was also cited.
Disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a) and AG ¶ 19(c) were raised. However, the judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), and AG ¶ 20(e).
The clearance was granted because the applicant provided evidence of a stable income and a debt management plan. He demonstrated a good faith effort to repay creditors and resolve disputes. The judge found that many of the applicant's financial difficulties stemmed from circumstances beyond his control, specifically unsuccessful business ventures.
Why the Applicant Prevailed
- The applicant provided evidence of a stable income and a plan to manage his debts.
- He demonstrated a good faith effort to repay overdue creditors and resolve disputes regarding debts.
- The applicant's financial difficulties were largely due to circumstances beyond his control, such as unsuccessful business ventures.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control and the Individual Acted Responsibly Under the Circumstances
- AG ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt Which Is the Cause of the Problem
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJul 10, 2009
- Answer filedAug 5, 2009
- Hearing heldDec 8, 2009Applicant waived the 15 days notice requirement.
- Decision dateFeb 18, 2010
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Good Faith Efforts to Resolve Debts
- Whole Person Concept in Security Clearance Evaluations