Summary
A 43-year-old aircraft technician was denied a security clearance under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The denial stemmed from a history of unresolved debts and a misdemeanor conviction for failure to pay child support.
The applicant's financial issues included three dismissed Chapter 13 bankruptcy petitions filed between September 2003 and May 2008, all dismissed for non-compliance. He also had several collection accounts, including $1,025 for a cell phone, $253 and $538 for credit cards, and a $13,504 past-due account from a car repossession. Additionally, he was approximately $35,000 past due on his mortgage.
Despite completing child support payments, the applicant's ongoing financial irresponsibility and failure to manage debts, totaling approximately $16,000 excluding mortgage debt, raised significant concerns about his reliability and trustworthiness. The conviction for failure to pay child support further contributed to the denial.
Why the Applicant Was Denied
- The applicant has a history of unresolved debts totaling approximately $16,000, excluding mortgage debt.
- The applicant filed three Chapter 13 bankruptcy petitions, all of which were dismissed due to failure to comply with payment plans.
- The applicant was convicted of failure to pay child support, which raises concerns about his judgment and reliability.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's debts were incurred starting in 2006 and remain unpaid, indicating ongoing financial issues.
- AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person’s ControlThe applicant did not demonstrate that his financial issues were beyond his control.
- AG ¶ 20(c)rejectedThe 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 ControlWhile the applicant received financial counseling, there is no evidence that his financial problems are being resolved.
- AG ¶ 20(d)rejectedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve DebtsThe applicant did not provide evidence of a meaningful track record of debt repayment.
- AG ¶ 20(e)rejectedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due DebtThe applicant did not provide documented evidence of disputes regarding his debts.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedOct 8, 2010
- Answer filedOct 27, 2010
- Hearing heldMar 8, 2011
- Decision dateMay 31, 2011
Cite For
- Denial of Security Clearance Due to Unresolved Financial Obligations Under Guideline F
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Consideration of the Whole-person Concept in Security Clearance Decisions