Summary
This case concerns a 49-year-old information technology professional whose security clearance was initially questioned under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited ten delinquent accounts, totaling $18,233. These included two telecommunications collection accounts, three charged-off bank debts, two bank collection debts, a laundry-related collection bank debt, and two medical-collection debts.
Disqualifying conditions F.19(a), F.19(c), and F.19(g) were raised. However, the judge applied mitigating conditions F.20(a), F.20(b), F.20(d), and F.20(e). The applicant demonstrated significant progress in resolving his financial issues, including paying off several debts and filing tax returns.
The judge determined that the applicant's financial difficulties were largely due to circumstances beyond his control, such as unemployment, and noted his candid disclosure of these issues on his security clearance application. Based on these factors, the applicant's security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated sufficient progress in resolving financial problems, including paying off several debts and filing tax returns.
- The applicant's financial difficulties were largely due to circumstances beyond his control, such as unemployment.
- The applicant disclosed his financial issues candidly on his security clearance application.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- F.19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- F.20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- F.20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedApr 29, 2014
- Answer filedMay 23, 2014
- Hearing heldOct 2, 2014
- Decision dateNov 4, 2014
Cite For
- Mitigation of Financial Considerations Under AG ¶ 20
- Disclosure of Financial Issues in Security Clearance Applications
- Consideration of Circumstances Beyond an Applicant's Control in Financial Matters