Summary
A 53-year-old aviation technician and former Navy serviceman was granted a security clearance despite initial concerns under Guideline F, Financial Considerations. The Statement of Reasons (SOR) cited several financial issues, including a state tax lien for $15,888, a $475 debt to a storage company, an $8,859 medical account in collection, a $6,550 credit card debt in collection, and a $302 telephone account in collection. Additionally, the applicant failed to file a federal income tax return for 2008.
Disqualifying conditions under Guideline F were raised, specifically AG ¶ 19(a), AG ¶ 19(c), and AG ¶ 19(g). However, the judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), and AG ¶ 20(e).
The clearance was granted because the applicant demonstrated a good-faith effort to resolve his delinquent debts. The financial difficulties were largely attributed to circumstances beyond his control, including a divorce and a failed business. Furthermore, the applicant is now current with his tax filings and maintains a steady income.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve his delinquent debts.
- The financial issues were largely due to circumstances beyond the applicant's control, including a divorce and a failed business.
- The applicant is current with his tax filings and has a steady income.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(g)raisedFailure to File Annual Federal, State, and Local Tax Returns as Required
- 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
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedMay 2, 2011
- Answer filedJul 11, 2011Applicant admitted the allegations.
- Hearing heldNov 9, 2011Hearing convened as scheduled.
- Decision dateJan 31, 2012
Cite For
- Good-faith Effort to Resolve Financial Obligations Under Guideline F
- Mitigating Circumstances Related to Financial Difficulties
- Whole-person Concept in Security Clearance Evaluations