Summary
The applicant, a 50-year-old facilities technician for a defense contractor, faced security concerns under Guideline F due to approximately $39,608 in delinquent debts. The judge found that the applicant's financial difficulties were largely due to circumstances beyond his control, including job losses and medical expenses, and noted his efforts to improve his financial situation. Ultimately, the applicant's request for a security clearance was granted.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant owes four delinquent medical bills totaling about $2,125 (1.a). Applicant owes four delinquent medical bills totaling about $2,125 (1.b). Applicant owes four delinquent medical bills totaling about $2,125 (1.c). Applicant owes four delinquent medical bills totaling about $2,125 (1.d). The debt listed at SOR ¶ 1.f ($3,341) is the remaining amount from the purchase of a television Applicant financed before he was laid off in 2005 (1.f). SOR ¶ 1.g alleged a $187 debt for an unpaid phone bill Applicant did not know was delinquent until he received the DOHA interrogatories in March 2009 (1.g). The debt at SOR ¶ 1.h is for the loan Applicant obtained in 2004 to buy a motorcycle (1.h). The debt alleged at SOR ¶ 1.I ($7,280) represents his remaining debt after the truck was resold (1.i). SOR ¶ 1.j ($2,332) is a duplicate of SOR ¶ 1.n ($5,120) (1.j). The debt at SOR ¶ 1.k ($5,998) is for a credit card account Applicant admitted is accurately alleged (1.k). SOR ¶ 1.l ($4,732) is a duplicate of SOR ¶ 1.e ($4,733) (1.l). The debt at SOR ¶ 1.m ($89), which has been paid, was for a cable television account that went unpaid when Applicant moved in August 2006 (1.m). SOR ¶ 1.n ($5,120) is a duplicate of SOR ¶ 1.j ($2,332) (1.n).
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). The decision turned on the following: The applicant's financial difficulties were largely due to circumstances beyond his control, including job loss and medical expenses; The applicant demonstrated a positive cash flow and efforts to manage and resolve his debts; The applicant's reputation for reliability and integrity supported his case for clearance.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to circumstances beyond his control, including job loss and medical expenses.
- The applicant demonstrated a positive cash flow and efforts to manage and resolve his debts.
- The applicant's reputation for reliability and integrity supported his case for clearance.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedThe Conditions 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
Key Rule Quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedApr 28, 2009
- Answer filedJun 3, 2009
- Hearing heldAug 26, 2009
- Decision dateJan 15, 2010
Cite For
- Mitigating Conditions Under Guideline F Due to Circumstances Beyond Control
- Positive Cash Flow as a Factor in Financial Considerations
- Importance of Reputation and Character in Security Clearance Decisions