Summary
The applicant, a 52-year-old operations analyst with a long military career, sought to retain his top secret security clearance amid concerns under Guidelines E (personal conduct) and F (financial considerations). The applicant successfully mitigated financial issues stemming from a failed marriage and demonstrated responsible management of his debts, leading to a favorable decision.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Failed to disclose debts over 180 days old in the seven years preceding the completion of his November 2008 e-QIP (2.a). Failed to disclose debts currently over 90 days delinquent (2.b). charged-off cell phone bill for $445 – paid in full (1.a). charged-off credit card for $32,713 – disputed because he did not apply for account, disposition pending (1.b). charged-off credit card accounts to same creditor in the amounts of $1,568 – set up payment plan with creditor making $900 monthly payments (1.c). charged-off credit card accounts to same creditor in the amounts of $8,794 – set up payment plan with creditor making $900 monthly payments (1.d). charged-off mortgage payment for $23,030 – home awarded to former wife in divorce decree, former wife was to assume possession and payments (1.e). charged-off credit card accounts to same creditor in the amounts of $2,747 – set up payment plan with creditor making $900 monthly payments (1.f). collection account for education loan for $2,598 – settled and paid in full (1.g). charged-off credit card for $24,672 – successfully disputed because he did not apply for account, creditor removed from credit report (1.h).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(e), AG ¶ 17(f). The decision turned on the following: The applicant resolved or disputed all debts alleged in the SOR; He demonstrated a responsible approach to managing his finances post-divorce; The applicant's credible testimony indicated no intent to deceive regarding his financial situation.
Why the Applicant Prevailed
- The applicant resolved or disputed all debts alleged in the SOR.
- He demonstrated a responsible approach to managing his finances post-divorce.
- The applicant's credible testimony indicated no intent to deceive regarding his financial situation.
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 That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
- AG ¶ 17(f)appliedThe Information Was Unsubstantiated or From a Source of Questionable Reliability
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedAug 2, 2010
- Answer filedSep 7, 2010undated response received by DOHA
- Hearing heldMar 3, 2011
- Decision dateMar 17, 2011record held open for additional evidence until this date.
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Personal Circumstances
- Credibility of Applicant's Testimony Regarding Financial Disclosures
- Application of Mitigating Conditions for Personal Conduct Under Guideline E.