Summary
The applicant, a 54-year-old defense contractor employee, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to false financial disclosures and significant debts totaling approximately $42,245. The judge found that the applicant's omissions were not intentional and that his financial difficulties arose from circumstances beyond his control. The applicant demonstrated responsible actions to resolve his debts, leading to a decision to grant his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant deliberately made false official statements by omitting from his eQIP information about the debt alleged at SOR 1.a (2.a). Applicant omitted from his eQIP the past-due debts alleged in SOR 1.b through 1.f (2.b). Applicant owes approximately $12,000 for a delinquent credit card account that has been referred for collection (1.a). Applicant owes $2,194 for a delinquent medical bill that has been referred for collection (1.b). Applicant owes $5,213 for a delinquent credit card account that has been referred for collection (1.c). Applicant owes $6,376 for a delinquent credit card account that has been referred for collection (1.e). Applicant owes $6,500 for a delinquent credit card account that has been referred for collection (1.f).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant's false answers were found to be unintentional; The applicant's financial difficulties were due to circumstances beyond his control; The applicant acted responsibly to resolve his financial obligations.
Why the Applicant Prevailed
- The applicant's false answers were found to be unintentional.
- The applicant's financial difficulties were due to circumstances beyond his control.
- The applicant acted responsibly to resolve his financial obligations.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The presence or absence of a disqualifying or mitigating condition is not, by itself, conclusive.”
Procedural Posture
- SOR issuedMay 21, 2012
- Answer filed—Timely response to SOR.
- Hearing heldNov 15, 2012Hearing conducted.
- Decision dateDec 19, 2012
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Circumstances Beyond Control
- Unintentional Omissions in Security Clearance Applications
- Responsible Actions Taken to Resolve Financial Obligations