Summary
A 49-year-old senior program management specialist, employed by a defense contractor, sought to retain his security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited a single collection account for nearly $51,000 in defaulted education loans and the applicant's failure to disclose a U.S. Army security clearance revocation from March 1984.
The judge determined that the applicant had made significant efforts to address his financial obligations, including consistent payments on a rehabilitated loan. His financial difficulties were largely attributed to circumstances beyond his control, such as unemployment and maintaining two households. Furthermore, the omission regarding the past clearance revocation was found to be an unintentional oversight rather than a deliberate misrepresentation.
Given these mitigating factors, the judge concluded that the applicant had demonstrated a good-faith effort to resolve his issues. Consequently, the applicant's security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to address his financial obligations, including regular payments on a rehabilitated loan.
- The applicant's financial difficulties were largely due to circumstances beyond his control, such as unemployment and maintaining two households.
- The applicant's omission regarding his past clearance revocation was determined to be an oversight rather than intentional misrepresentation.
Conditions Referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- E.2.araisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- F.20.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20.bappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- E.2.bappliedThe Behavior Was Not Recent and Was Not Indicative of Current Judgment or Reliability
Key Rule Quoted
“The Government must prove, by substantial evidence, controverted facts alleged in the SOR.”
Procedural Posture
- SOR issuedJan 6, 2010
- Answer filed—
- Hearing heldApr 13, 2010
- Decision dateDec 21, 2010
Cite For
- Mitigating Factors for Financial Considerations Under Guideline F
- Unintentional Omission of Past Clearance Revocation Under Guideline E
- Good-faith Efforts to Resolve Financial Issues