Summary
A 48-year-old facilities security officer and procurement agent for a defense contractor was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons detailed seven specific delinquent debts, including a $507 computer debt, two credit card debts totaling $4,988, another credit card debt of $2,797, a $2,623 credit card debt in collection, a $1,627 telephone service debt in collection, and two bank debts in collection for $22,400 and $7,701 respectively. These issues raised disqualifying conditions AG ¶ 19(a) and AG ¶ 19(c).
However, the decision applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), and AG ¶ 20(d). The applicant demonstrated significant post-divorce efforts to address his financial problems, including paying off some debts and effectively managing his finances.
The financial difficulties were largely attributed to his former wife's mismanagement during their marriage, which was deemed beyond his control. Given his responsible financial behavior following the divorce, the security clearance was granted.
Why the Applicant Prevailed
- The applicant took significant steps to address his financial issues after his divorce.
- He demonstrated a track record of responsible financial management post-separation.
- The applicant's financial problems were largely due to his wife's actions, which were beyond his control.
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
- AG ¶ 20(d)rejectedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve DebtsThe applicant's reliance on the statute of limitations for debt collection was not considered a good-faith effort.
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 issuedAug 24, 2009
- Answer filedOct 5, 2009
- Hearing heldDec 11, 2009
- Decision dateFeb 26, 2010
Cite For
- Financial Considerations Under Guideline F
- Mitigating Conditions Related to Financial Issues
- Whole Person Concept in Security Clearance Evaluations