Summary
The applicant, a 47-year-old defense contractor and former Marine, sought a security clearance despite a history of financial difficulties and personal conduct issues. The judge found that the applicant's financial problems were largely due to his ex-wife's mismanagement during their marriage, and he has since taken responsible steps to address his debts. Additionally, the applicant demonstrated significant personal reform, having maintained a clean record for the past six years. The judge concluded that the applicant's actions were sufficient to mitigate the concerns raised under both Guideline E and Guideline F, resulting in a granted security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The Applicant failed to disclose tax liens against him for unpaid taxes in June 2001 and July 2003 in the amounts of $1,021.00 and $1,943.00 (2.a). The Applicant failed to disclose that an account was never satisfied and remains unpaid (2.b). The Applicant failed to list the debts set forth in the SOR under subparagraphs 1(b) through 1(i), and 1(k) through 1(t) (2.c). The Applicant failed to disclose that he was charged with being Drunk and Disorderly in about February 2004 while serving in the military (2.d). The Applicant failed to disclose that he was charged with Assault/Child Abuse in January 1999 (2.e). The Applicant failed to disclose that he was charged with Communicating a Threat in about August 2000, while serving in the military (2.f). a debt to a creditor for a medical account in the amount of $1,702.00 remains outstanding (1.a). a debt to a creditor in the amount of $6,421.00 has been paid (1.b). a debt to a creditor in the amount of $4,894.00 has been deleted from the Applicant’s credit reports (1.c). a debt to a creditor in the amount of $150.00 has been deleted from the Applicant’s credit reports (1.d). a debt to a creditor in the amount of $6,369.00 remains outstanding (1.e). a debt to a creditor in the amount of $652.00 remains outstanding (1.f). a debt to a creditor in the amount of $2,827.00 remains outstanding (1.g). a debt to a creditor in the amount of $1,261.00 has been removed from the Applicant’s credit reports (1.h). a debt to a creditor in the amount of $1,261.00 has been deleted from the Applicant’s credit reports (1.i). a debt to a creditor in the amount of $3,337.00 has been paid (1.j). a debt to a creditor in the amount of $2,597.00 remains outstanding (1.k). a debt to a creditor in the amount of $2,165.00 has been paid (1.l). a debt to a creditor in the amount of $2,148.00 has been paid (1.m). a debt to a creditor in the amount of $352.00 has been deleted from the Applicant’s credit reports (1.n). a debt to a creditor in the amount of $96.00 has been deleted from the Applicant’s credit reports (1.o). a debt to a creditor in the amount of $1,374.00 has been paid (1.p). a debt to a creditor in the amount of $1,091.00 remains outstanding (1.q). a debt to a creditor in the amount of $59.00 remains outstanding (1.r). a debt to a creditor in the amount of $490.00 remain outstanding (1.s). the Applicant’s wages were garnished for unpaid state taxes for 1998, 1999, 2000, 2001, 2005, 2006 and 2007 in the approximate amount of $16,103.00 (1.t).
The judge granted the clearance. The government raised disqualifying conditions 19(a), 19(c). The judge applied mitigating conditions 20(b), 20(d). The decision turned on the following: The applicant demonstrated a good-faith effort to resolve his financial debts through a credit counseling program; Many of the applicant's delinquent debts have been resolved or are in the process of being addressed; The applicant has maintained a clean record and exhibited responsible behavior for the past six years.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve his financial debts through a credit counseling program.
- Many of the applicant's delinquent debts have been resolved or are in the process of being addressed.
- The applicant has maintained a clean record and exhibited responsible behavior for the past six years.
Conditions Referenced
- 19(a)raisedInability or Unwillingness to Satisfy Debts
- 19(c)raisedA History of Not Meeting Financial Obligations
- 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedOct 28, 2010
- Answer filedNov 16, 2010
- Hearing heldJan 20, 2011
- Decision dateMay 19, 2011
Cite For
- Mitigation of Financial Issues Due to Ex-spouse's Actions
- Demonstration of Personal Reform Over a Significant Period
- Good-faith Efforts in Debt Resolution