Summary
A 45-year-old project manager for a defense contractor was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons detailed several delinquent debts, including two state tax liens from 2003 for $2,209 and $1,809, and another from 2002 for $1,670. Other debts included a student loan in collection for $14,285, a 2003 judgment for $2,989 from a State Department of Social Services for child support, and another judgment for $931. Additionally, a medical account in collection for $163 and a utility debt in collection for $48 were cited.
Disqualifying conditions under Adjudicative Guidelines Paragraphs 19(a) and 19(c) were raised. However, the applicant demonstrated significant mitigating factors, including evidence of resolving most delinquent debts, particularly child support arrears. He is now current with child support payments, and student loan payments are managed via payroll deduction.
The decision to grant the clearance was based on the applicant's responsible actions to manage his finances, with many of the issues attributed to circumstances beyond his control. Mitigating conditions under Adjudicative Guidelines Paragraphs 20(a), 20(b), 20(d), and 20(e) were applied, leading to the favorable outcome.
Why the Applicant Prevailed
- The applicant provided evidence of resolving most of his delinquent debts, including child support arrears.
- He is current with his child support payments and has a payroll deduction for student loans.
- The applicant's financial issues were largely due to circumstances beyond his control, and he acted responsibly to manage his finances.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
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 issuedMay 31, 2011
- Answer filedJun 6, 2011
- Hearing heldAug 23, 2011
- Decision dateNov 4, 2011
Cite For
- Mitigation of Financial Issues Under Guideline F
- Good-faith Efforts to Resolve Debts
- Whole-person Analysis in Security Clearance Decisions