Summary
A 45-year-old defense contractor's eligibility for a security clearance was reviewed under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). Concerns under Guideline F stemmed from nine delinquent debts totaling approximately $68,759. These included specific debts to a phone company ($1,309), another creditor ($2,694), a settled debt ($635), and additional debts of $1,277, $1,461, $1,703 (120 days past due), $55,681, $67, $1,745, and $2,187.
The Guideline E concern involved an allegation that the applicant engaged in a romantic relationship with a 34-year-old student and part-time college employee, leading to complaints. Disqualifying conditions F.19(a) and F.19(c) were raised.
The applicant successfully mitigated the financial concerns by satisfying three creditors and making payments to others through a debt management program. He also rehabilitated two mortgages and became current on payments. The personal conduct allegation was found unsubstantiated, with no evidence of wrongdoing. Mitigating conditions F.20(b), F.20(c), F.20(d), and E.15 were applied, and the judge GRANTED the applicant eligibility for access to classified information.
Why the applicant prevailed
- The applicant satisfied three creditors and is making payments to others through a debt management program.
- The applicant has rehabilitated his two mortgages and is current on payments.
- The personal conduct allegation was unsubstantiated, with no evidence of wrongdoing.
Conditions referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- 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.15rejectedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations Can Raise Questions About an Individual’s ReliabilityThe Government failed to present sufficient evidence to substantiate the personal conduct allegations.
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 issuedMar 18, 2010
- Answer filedApr 20, 2010
- Hearing heldJun 8, 2010
- Decision dateAug 16, 2010
Cite for
- Mitigation of Financial Concerns Under Guideline F Due to Responsible Debt Management
- Unsubstantiated Personal Conduct Allegations Under Guideline E
- Application of the Whole-person Concept in Security Clearance Determinations