Summary
The applicant, a 37-year-old security officer for a defense contractor, sought a security clearance after experiencing significant financial difficulties due to prolonged unemployment following a non-accredited educational program. The judge found that the applicant had taken substantial steps to resolve his debts and demonstrated a commitment to financial responsibility, leading to a favorable decision under Guidelines E and F.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: When Applicant completed his May 2012 SF-86, he did not list any of his student loan debts alleged in ¶¶ 1.a through 1.d (2.a). Charged-off student loans for $18,243 (1.a). Charged-off student loans for $13,328 (1.b). Delinquent student loans for $11,371 (1.c). Delinquent student loans for $8,127 (1.d). Cell phone collection account for $315 (1.e). Cable company collection account in the amount of $53 (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), AG ¶ 20(a). The decision turned on the following: The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts; The applicant's financial problems were largely due to circumstances beyond his control, including prolonged unemployment; The applicant's omissions on the SF-86 were attributed to a mistaken belief rather than intentional falsification.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts.
- The applicant's financial problems were largely due to circumstances beyond his control, including prolonged unemployment.
- The applicant's omissions on the SF-86 were attributed to a mistaken belief rather than intentional falsification.
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
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedMay 23, 2015
- Answer filedJun 9, 2015Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateNov 20, 2015
Cite For
- Mitigating Conditions Under Guidelines E and F
- Considerations for Financial Responsibility in Security Clearance Cases
- Evaluation of Omissions on SF-86 Regarding Financial Obligations