Summary
The applicant, a 43-year-old defense contractor with four children, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to significant delinquent debts totaling approximately $25,000, including child support arrears. Despite admitting to some financial issues, the applicant's failure to address these debts responsibly led to a denial of his security clearance application.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: You falsified material facts on an Electronic Questionnaire for Investigations Processing (e-QIP), certified by you on or about October 15, 2008, in response to “Section 28. Your Financial Delinquencies a. In the last 7 years, have you been over 180 days delinquent on any debt(s)?; [and] b. Are you currently over 90 days delinquent on any debt(s)? “You answered “no” to both of those questions; whereas in truth, you deliberately failed to disclose that your child support obligation was at least 90 days delinquent as of the date you signed your e-QIP (2.b). The debt alleged in SOR ¶ 1.a is for a collection account in the amount of $454 (1.a). The debt alleged in SOR ¶ 1.b for $178. He sent one payment of $25 in 2008 or 2009. The account remains unpaid (1.b). The debt alleged in SOR ¶ 1.c for $21,349. The account is for his student loan from 1991 (1.c). The debt alleged in SOR ¶ 1.d for $131. This cell phone account is unpaid (1.d). The debt alleged in SOR ¶ 1.e for $691. He contracted for Direct TV service in 2007. He has not returned the cable box and has not paid the account (1.e). The debt alleged in SOR ¶ 1.f for $527. His cell phone company increased his monthly fees, and he could not afford to pay. He terminated the contract, but he was charged a fee (1.f). You failed to pay your child support obligation and as of October 2, 2008 had owed approximately $1,611.54 in back child support (1.g).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant has significant unresolved delinquent debts totaling approximately $25,000; The applicant did not act responsibly in addressing his financial obligations despite having stable employment; The applicant's testimony regarding his financial situation raised doubts about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant has significant unresolved delinquent debts totaling approximately $25,000.
- The applicant did not act responsibly in addressing his financial obligations despite having stable employment.
- The applicant's testimony regarding his financial situation raised doubts about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's ControlThe applicant experienced periods of unemployment that contributed to his financial difficulties.
- AG ¶ 20(c)rejectedReceived or Receiving CounselingThe applicant has not received formal financial counseling.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue CreditorsThe applicant has not actively worked on resolving the majority of his delinquent debts.
- AG ¶ 20(e)rejectedReasonable Basis to Dispute Legitimacy of DebtThe applicant's basis for disputing one debt was not reasonable.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedSep 17, 2009
- Answer filedOct 29, 2009
- Hearing heldFeb 23, 2010
- Decision dateMar 12, 2010
Cite For
- Denial of Security Clearance Due to Unresolved Financial Obligations
- Impact of Financial Irresponsibility on Security Clearance Eligibility
- Mitigating Conditions Related to Financial Difficulties and Personal Conduct