Summary
The applicant, a 38-year-old communications technician with a military background, faced security clearance denial under Guidelines E (Personal Conduct) and F (Financial Considerations) due to unresolved financial debts and a history of personal conduct issues. The judge found that while some personal conduct concerns were mitigated, the applicant's ongoing financial issues raised significant security concerns, leading to the denial of his clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant was disqualified from aviation service duty while in the Air Force (2.a). Applicant received nonjudicial punishment for disobeying an order (2.b). Credit card $559 (1.a). Child support $11,223 (1.b). College tuition $1,446 (1.c). Credit card (collection) $1,191 (1.d). Credit card (collection) $2,106 (1.e). Voluntary car repossession $15,274 (1.f). Credit card $302 (1.g). State tax lien $3,425 (1.i). Penalty for lease termination (judgment) $1,283 (1.j). Utility bill (collection) $190 (1.k). Child support $2,806 (1.l). State tax lien $4,939 (1.m).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 16(d), AG ¶ 16(e). The judge applied mitigating conditions AG ¶ 20(d), AG ¶ 20(e), AG ¶ 17(c). The decision turned on the following: The applicant had multiple unresolved debts, including credit card debts and a voluntary car repossession; The applicant failed to demonstrate a reasonable plan to resolve his financial issues or to provide documentation supporting his disputes of the debts; The applicant's financial history indicated a lack of self-control and poor judgment, raising questions about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant had multiple unresolved debts, including credit card debts and a voluntary car repossession.
- The applicant failed to demonstrate a reasonable plan to resolve his financial issues or to provide documentation supporting his disputes of the debts.
- The applicant's financial history indicated a lack of self-control and poor judgment, raising questions about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 19(a)appliedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
- AG ¶ 16(d)raisedCredible Adverse Information
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)appliedReasonable Basis to Dispute Legitimacy of Past-due Debt
- AG ¶ 17(c)raisedMinor Offense or Infrequent Behavior Unlikely to Recur
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedDec 14, 2010
- Answer filedJan 18, 2011
- Hearing heldApr 7, 2011
- Decision dateJun 15, 2011
Cite For
- Denial Based on Unresolved Financial Obligations Under Guideline F
- Mitigating Conditions for Personal Conduct Under Guideline E
- Burden of Proof on Applicant to Demonstrate Eligibility for Security Clearance