Summary
A 49-year-old security site associate was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons (SOR) alleged that the applicant failed to disclose delinquent debts, specifically those over 180 days delinquent in the last seven years and those currently over 90 days, when completing his August 2008 e-QIP. This raised disqualifying conditions F.19(a), F.19(c), and E.15.
The applicant successfully mitigated these concerns by demonstrating a commitment to responsible financial management. He entered into a Chapter 13 bankruptcy plan and made ongoing payments to creditors. Furthermore, he provided credible explanations for the omissions on his application, indicating he was unaware of the delinquent status of certain debts.
The judge applied mitigating conditions F.20(a), F.20(b), F.20(c), F.20(d), and E.17(f). The clearance was granted based on the applicant's current financial stability, his demonstrated commitment to repaying debts, and evidence of good character, including living within his means.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to repaying debts through a Chapter 13 bankruptcy plan.
- He provided credible explanations for the alleged falsifications, showing he was unaware of the delinquent status of his debts.
- The applicant's current financial situation is stable, and he is living within his means.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- E.15raisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- F.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
- F.20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.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
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- E.17(f)appliedThe Information Was Unsubstantiated or From a Source of Questionable Reliability
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 16, 2009
- Answer filedJul 14, 2009Applicant elected to have the case decided on the written record.
- Hearing heldSep 22, 2009
- Decision dateApr 14, 2010
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Credibility of Applicant's Explanations for Omissions in Security Clearance Application
- Whole-person Concept in Security Clearance Evaluations