Summary
The applicant, a 51-year-old technician and naturalized U.S. citizen, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to significant financial delinquencies totaling approximately $65,886 and failure to disclose these debts on his security clearance application. While the judge found that the applicant did not deliberately omit information regarding his financial issues, he ultimately denied the application due to the unresolved nature of the financial concerns and the applicant's lack of proactive measures to manage his debts.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant’s failure to disclose this information was deliberate (2.a). Applicant’s failure to disclose this information was deliberate (2.b). Applicant’s failure to disclose this information was deliberate (2.c). Applicant’s failure to disclose this information was deliberate (2.d). Applicant’s failure to disclose this information was deliberate (2.e). One alleged delinquency is a judgment for $8,632, brought against Applicant in December 2010 (1.a). Two of the alleged debts are in collection status: SOR ¶ 1.b. ($404) (1.b). Two of the alleged debts are in collection status: SOR ¶ 1.c. ($2,562) (1.c). Three of the delinquencies alleged on the SOR are in charged-off status: SOR ¶ 1.d. ($13,381) (1.d). Three of the delinquencies alleged on the SOR are in charged-off status: SOR ¶ 1.e ($4,409) (1.e). Three of the delinquencies alleged on the SOR are in charged-off status: SOR ¶ 1.f. ($4,102) (1.f). Applicant owes a mortgage creditor approximately $27,396 on an account that is over 120 days past due (1.g).
The judge denied 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 failed to rebut or mitigate the Government’s security concerns under Guideline F, Financial Considerations; The applicant's financial delinquencies were substantial and unresolved, raising questions about his reliability and trustworthiness; The applicant did not demonstrate a good-faith effort to resolve his debts or seek financial counseling.
Why the applicant was denied
- The applicant failed to rebut or mitigate the Government’s security concerns under Guideline F, Financial Considerations.
- The applicant's financial delinquencies were substantial and unresolved, raising questions about his reliability and trustworthiness.
- The applicant did not demonstrate a good-faith effort to resolve his debts or seek financial counseling.
Conditions referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlThe applicant did not demonstrate that circumstances beyond his control prevented him from meeting his financial obligations.
- AG ¶ 20(d)rejectedThe Individual Has Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant did not take action to learn how to manage his finances or demonstrate good-faith efforts to resolve his debts.
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 issuedOct 24, 2013
- Answer filedDec 13, 2013
- Hearing heldFeb 10, 2014Record left open until 02/18/2014 for additional submissions.
- Decision dateMar 11, 2014
Cite for
- Denial of Security Clearance Due to Unresolved Financial Delinquencies Under Guideline F
- Failure to Demonstrate Good-faith Efforts to Manage Debts
- Rejection of Mitigating Conditions Related to Financial Considerations