Summary
A 47-year-old defense contractor and former Marine was denied a security clearance primarily due to financial considerations under Guideline F. The applicant faced allegations of significant delinquent debts, including a federal tax lien of $20,000, a judgment, and various collection accounts, totaling approximately $41,994. These issues raised disqualifying conditions related to a history of not meeting financial obligations and an inability or unwillingness to satisfy debts.
Despite admitting to the delinquent debts, the applicant did not provide documentation of current payment plans or efforts to resolve the outstanding amounts. He also failed to offer information regarding his federal tax issue or evidence of completing financial counseling to address his financial concerns.
While mitigating conditions were considered, the applicant did not demonstrate that his financial difficulties were beyond his control or that he had taken responsible steps to mitigate them. Consequently, the security clearance was denied, as he failed to resolve the financial considerations security concern.
Why the Applicant Was Denied
- Applicant admitted to multiple delinquent debts totaling approximately $41,994, including a federal tax lien.
- He did not provide evidence of any current payment plans or efforts to resolve the debts listed in the SOR.
- The applicant failed to demonstrate that his financial difficulties were beyond his control or that he acted responsibly to mitigate them.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe nature and frequency of the applicant's financial difficulties since 2008 make it difficult to conclude that they occurred so long ago.
- AG ¶ 20(b)rejectedConditions That Resulted in the Behavior Were Largely Beyond the Person's ControlThe applicant did not provide sufficient evidence to prove that the delinquencies were beyond his control.
- AG ¶ 20(d)rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant produced no evidence that he has addressed the debts or initiated repayment efforts.
Key Rule Quoted
“The ultimate burden of persuasion is on the applicant seeking a security clearance.”
Procedural Posture
- SOR issuedOct 15, 2012
- Answer filed—Applicant requested an administrative determination in lieu of a hearing.
- Hearing held—No hearing was held; decision based on written record.
- Decision dateMay 31, 2013
Cite For
- Failure to Provide Evidence of Financial Responsibility Under Guideline F
- Impact of Delinquent Debts on Security Clearance Eligibility
- Burden of Proof Lies with the Applicant in Security Clearance Cases