Summary
The applicant, a 47-year-old Help Desk Technician employed by a defense contractor, faced allegations under Guideline F (Financial Considerations) due to significant delinquent debts totaling approximately $74,000, primarily related to child support arrears. The judge denied the security clearance, citing the applicant's failure to provide sufficient evidence of financial responsibility or mitigation of his debts.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant is indebted to a creditor for a delinquent debt in the amount of $520. Applicant claims that the item is an illegal credit reporting as defined by the Fair Credit Reporting Act and is being disputed for removal with all three credit bureaus (1.a). Applicant’s is indebted to a creditor for a delinquent debt in the amount of $886. Applicant claims that this is an illegal reporting and its age is beyond the statute of limitations for collectability under applicable state law. It is being disputed for removal from his credit reports (1.b). Applicant is indebted to a creditor for a delinquent debt in the amount of $4,716. Applicant claims the debt is unenforceable due to expiration of the statute of limitations (1.c). Applicant is indebted to a creditor for a delinquent debt in the amount of $27,162. This debt is for child support arrears that the Applicant is paying on a monthly basis (1.d). Applicant is indebted to a creditor for a delinquent debt in the amount of $727. Applicant claims the debt is unenforceable due to expiration of the statute of limitations (1.e). Applicant is indebted to a creditor for a delinquent debt in the amount of $18,230. This is a debt for student loans. Applicant claims the debt is unenforceable due to the expiration of the statute of limitations (1.f). Applicant is indebted to a creditor for a delinquent debt in the amount of $117. Applicant claims the debt is illegal and inaccurate reporting, and was deleted from all three credit bureaus on August 19, 2013 (1.g). Applicant is indebted to a creditor for a delinquent debt in the amount of $114. Applicant claims the debt is illegal and inaccurate reporting, and was deleted from all three credit bureaus on August 19, 2013 (1.h). Applicant is indebted to a creditor for a delinquent debt in the amount of $122. Applicant claims the debt is illegal and inaccurate reporting, and was deleted from all three credit bureaus on August 19, 2013 (1.i). Applicant is indebted to a creditor for a delinquent debt in the amount of $82. Applicant claims the debt is illegal and inaccurate reporting, and was deleted from all three credit bureaus on August 19, 2013 (1.j). Applicant is indebted to a creditor for a delinquent debt in the amount of $813. Applicant claims the debt is illegal and inaccurate reporting, and was deleted from all three credit bureaus on August 19, 2013 (1.k). Applicant’s is indebted to a creditor for a delinquent debt in the amount of $12,368. This is a debt for a car that the Applicant purchased. Applicant claims the debt is illegal and inaccurate reporting, and was deleted from all three credit bureaus on August 19, 2013 (1.l). Applicant is indebted to a creditor for a delinquent debt in the amount of $820. This is a debt for a balance owed on a broken lease agreement. Applicant claims the debt is illegal and inaccurate reporting, and was deleted from all three credit bureaus on August 19, 2013 (1.m). Applicant is indebted to a creditor for a delinquent debt in the amount of $753. Applicant claims the debt is illegal and inaccurate reporting, and was deleted from all three credit bureaus on August 19, 2013 (1.n). Applicant is indebted to a creditor for a delinquent debt in the amount of $5,352. Applicant claims the debt is illegal and inaccurate reporting, and was deleted from all three credit bureaus on August 19, 2013 (1.o). Applicant is indebted to a creditor for a delinquent debt in the amount of $789. Applicant claims the debt is illegal and inaccurate reporting, and was deleted from all three credit bureaus on August 19, 2013 (1.p). Applicant’s is indebted to a creditor for a delinquent debt in the amount of $323. Applicant claims the debt is illegal and inaccurate reporting, and was deleted from all three credit bureaus on August 19, 2013 (1.q). Applicant is indebted to a creditor for a delinquent debt in the amount of $113. Applicant claims the debt is illegal and inaccurate reporting, and was deleted from all three credit bureaus on August 19, 2013 (1.r).
The judge denied the clearance. The government raised disqualifying conditions 19.(a), 19.(c). The decision turned on the following: The applicant failed to demonstrate that he has taken steps to resolve his delinquent debts; The applicant did not provide evidence of payment arrangements or proof of payments for any debts; The applicant's reliance on the statute of limitations as a defense did not mitigate his financial irresponsibility.
Why the Applicant Was Denied
- The applicant failed to demonstrate that he has taken steps to resolve his delinquent debts.
- The applicant did not provide evidence of payment arrangements or proof of payments for any debts.
- The applicant's reliance on the statute of limitations as a defense did not mitigate his financial irresponsibility.
Conditions Referenced
- 19.(a)raisedInability or Unwillingness to Satisfy Debts
- 19.(c)raisedA History of Not Meeting Financial Obligations
Key Rule Quoted
“Failure or inability to live within one’s means, satisfy debts, and meet financial obligations may indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations, all of which can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”
Procedural Posture
- SOR issuedAug 20, 2013
- Answer filedUncertain
- Hearing heldN/ADetermined on a written record
- Decision dateJun 27, 2014
Cite For
- Financial Irresponsibility Under Guideline F
- Failure to Provide Evidence of Debt Resolution
- Impact of Financial Obligations on Security Clearance Eligibility