Summary
The applicant, a 44-year-old federal contractor seeking a security clearance as a foreign-language linguist, faced concerns under Guideline E (personal conduct) and Guideline F (financial considerations) due to a history of financial difficulties. The applicant successfully mitigated these concerns by demonstrating that his financial issues were largely due to a period of unemployment and that he had resolved all delinquent debts. Additionally, the judge found no evidence of deliberate falsification in the applicant's security clearance application.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant falsified his response to Question 26 concerning his financial record (2.a). $1,096 medical collection account (1.a). $2,522 medical collection account (1.b). $213 charged-off account (1.c). $886 charged-off account (1.d). $830 charged-off account (1.e). $647 charged-off account (1.f). $1,233 past-due account (1.g). $433 past-due account (1.h). $850 past-due account (1.i).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 18, AG ¶ 2. The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), AG ¶ 2(a). The decision turned on the following: The applicant resolved all delinquent debts prior to the decision; The applicant's financial difficulties were primarily due to a period of unemployment; The applicant did not deliberately omit or falsify information on his security clearance application.
Why the applicant prevailed
- The applicant resolved all delinquent debts prior to the decision.
- The applicant's financial difficulties were primarily due to a period of unemployment.
- The applicant did not deliberately omit or falsify information on his security clearance application.
Conditions referenced
- AG ¶ 18raisedFinancial ConsiderationsThe applicant's history of financial problems raised concerns about his reliability and trustworthiness.
- AG ¶ 2raisedPersonal ConductThe applicant's failure to disclose all debts raised questions about his candor.
- AG ¶ 20(b)appliedFinancial ConsiderationsThe applicant's financial problems were largely beyond his control due to unemployment.
- AG ¶ 20(d)appliedFinancial ConsiderationsThe applicant initiated a good-faith effort to repay overdue creditors and resolve debts.
- AG ¶ 2(a)appliedPersonal ConductThe applicant's omission was not deliberate, as he relied on credit reports.
Key rule quoted
“No one has a right to a security clearance.”
Procedural posture
- SOR issuedApr 12, 2013
- Answer filedMay 15, 2013
- Hearing held—Case decided on written record.
- Decision dateSep 13, 2013
Cite for
- Mitigation of Financial Difficulties Under Guideline F
- Evaluation of Personal Conduct Regarding Omissions in Security Clearance Applications
- Consideration of Employment-related Financial Issues in Security Clearance Determinations.