Summary
The applicant, a 44-year-old naturalized U.S. citizen originally from Afghanistan, faced security concerns under Guidelines B (Foreign Influence), E (Personal Conduct), and F (Financial Considerations). The applicant admitted to significant delinquent debts and failed to provide credible evidence to mitigate concerns regarding his financial situation and foreign family ties. The administrative judge found the applicant's testimony lacked credibility and denied his security clearance application.
Under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant failed to list his sister, who lives in Pakistan, on his SCA. He indicated he made a mistake (2.a). Applicant's immediate family all live in the United States, except one sister who lives in Pakistan. He last saw his sister in 1986 and they talk on the phone occasionally (2.b). Applicant admitted that the debt in SOR ¶ 1.a ($86,914) belongs to him. He indicated this account is a home equity line of credit that is delinquent because it is included with his mortgage and part of a loan modification (1.a). Applicant denied the debts in SOR ¶ 1.b ($8,560) and 1.c ($398). Applicant does not believe either debt belongs to him. Both are listed in his December 2009 credit report (1.b). Applicant provided a document showing he has several accounts with the same creditor. He provided a letter that noted he had an account with the creditor, but the account is in his brother’s name and Applicant is an authorized user (1.c).
The judge denied the clearance. The government raised disqualifying conditions F.1.a, F.1.c, B.6. The judge applied mitigating conditions F.2.e, F.2.a, F.2.b, F.2.c, F.2.d. The decision turned on the following: The applicant failed to mitigate significant financial debts totaling approximately $95,872, which were charged off or in collection; The applicant's testimony regarding his financial situation and foreign family ties was found to lack credibility and candor; The applicant did not provide sufficient evidence to demonstrate that his financial issues were beyond his control or that he was making a good-faith effort to resolve them.
Why the Applicant Was Denied
- The applicant failed to mitigate significant financial debts totaling approximately $95,872, which were charged off or in collection.
- The applicant's testimony regarding his financial situation and foreign family ties was found to lack credibility and candor.
- The applicant did not provide sufficient evidence to demonstrate that his financial issues were beyond his control or that he was making a good-faith effort to resolve them.
Conditions Referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- B.6raisedForeign Contacts and Interests May Be a Security Concern
- F.2.eappliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
- F.2.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.2.brejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.2.crejectedThe Person Has Received or Is Receiving Counseling for the Problem
- F.2.drejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors
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 issuedOct 19, 2010
- Answer filedJan 11, 2011Amended SOR response was not signed.
- Hearing heldMar 10, 2011
- Decision dateApr 6, 2011
Cite For
- Evaluation of Financial Considerations Under Guideline F
- Credibility Assessment in Security Clearance Cases
- Impact of Foreign Family Ties on Security Clearance Eligibility