Summary
The applicant, a 29-year-old claims analyst for a defense contractor, faced trustworthiness concerns under Guideline F due to significant delinquent debts totaling approximately $66,701. Despite admitting to some debts and providing partial evidence of payments, the applicant failed to demonstrate a responsible plan for managing her finances or mitigating the financial concerns. The judge concluded that the applicant's financial irresponsibility raised doubts about her reliability and trustworthiness, resulting in a denial of access to sensitive information.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: a state tax lien of $365 (1.a). medical debts of $140 (1.b). medical debts of $182 (1.c). medical debts of $145 (1.d). medical debts of $980 (1.e). medical debts of $537 (1.f). medical debts of $237 (1.g). medical debts of $56 (1.h). medical debts of $175 (1.i). medical debts of $55 (1.j). medical debts of $1,198 (1.k). medical debts of $608 (1.l). medical debts of $88 (1.m). a credit card in collection for $8,858 (1.n). a charged off debt for $1,211 (1.o). a debt of $8,782 for a repossessed vehicle (1.p). a cell phone account in collection for $211 (1.q). a debt of $41,237 for a repossessed mobile home (1.r). a debt in collection for telephone service for $61 (1.s). a charged-off debt to a department store for $1,513 (1.t). two debts in collection to the same collection agency for the same utility for $504 (1.u). two debts in collection to the same collection agency for the same utility for $321 (1.v).
The judge denied the clearance. The government raised disqualifying conditions FC DC ¶ 19(a), FC DC ¶ 19(c). The judge applied mitigating conditions FC MC ¶ 20(a), FC MC ¶ 20(b), FC MC ¶ 20(d). The decision turned on the following: The applicant has significant delinquent debts totaling approximately $66,701, indicating an inability or unwillingness to satisfy debts (AG ¶ 19(a)); The applicant did not present a concrete plan to resolve her remaining delinquent debts, raising concerns about her financial management (AG ¶ 20(d)); The applicant's financial irresponsibility and lack of a meaningful track record of debt payment cast doubt on her reliability and trustworthiness (AG ¶ 2(c)).
Why the Applicant Was Denied
- The applicant has significant delinquent debts totaling approximately $66,701, indicating an inability or unwillingness to satisfy debts (AG ¶ 19(a)).
- The applicant did not present a concrete plan to resolve her remaining delinquent debts, raising concerns about her financial management (AG ¶ 20(d)).
- The applicant's financial irresponsibility and lack of a meaningful track record of debt payment cast doubt on her reliability and trustworthiness (AG ¶ 2(c)).
Conditions Referenced
- FC DC ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- FC DC ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- FC MC ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurSome debts are still unpaid and thus current, indicating ongoing financial issues.
- FC MC ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person’s ControlThe applicant willingly co-signed loans, indicating her financial issues were within her control.
- FC MC ¶ 20(d)rejectedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve DebtsThe applicant did not present sufficient evidence of a good-faith effort to resolve her debts.
Key Rule Quoted
“A person who seeks access to sensitive information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedMay 5, 2009
- Answer filedJul 2, 2009Applicant admitted 17 and denied 5 allegations.
- Hearing held—Applicant elected to have the matter decided on the written record.
- Decision dateJan 26, 2010
Cite For
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F
- The Necessity of Demonstrating a Meaningful Track Record of Debt Payment
- The Importance of a Concrete Plan for Resolving Financial Issues in Security Clearance Determinations.