Summary
A 40-year-old male applicant with an information technology background was evaluated for a security clearance, facing concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited two specific financial allegations: a charged-off mortgage account totaling $9,635 and student loan debts amounting to $31,563. Additionally, the applicant had a history of workplace rule violations. These issues raised disqualifying conditions F.19(a), F.19(c), and E.16(c).
However, the judge applied several mitigating conditions, including F.20(a), F.20(b), F.20(d), and E.15. The applicant demonstrated a good-faith effort to resolve his financial issues by establishing payment plans for both the mortgage and student loan debts. Regarding personal conduct, the judge determined that the applicant's past workplace rule violations were not recent and were unlikely to recur in his current employment.
Further supporting the applicant's case, character evidence from coworkers and supervisors attested to his reliability and trustworthiness. Based on these mitigating factors and the applicant's demonstrated efforts, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant established payment plans for both debts, demonstrating a good-faith effort to resolve financial issues.
- The applicant's past workplace rule violations were not recent and were unlikely to recur in his current employment.
- Character evidence from coworkers and supervisors supported the applicant's reliability and trustworthiness.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- E.16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- 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
- E.15rejectedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and RegulationsThe judge found that the applicant's past conduct was 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 issuedApr 25, 2014
- Answer filedJun 3, 2014
- Hearing heldFeb 24, 2015rescheduled from January 29, 2015
- Decision dateMar 5, 2015
Cite For
- Mitigation of Financial Considerations Under Guideline F Due to Established Payment Plans
- Rebuttable Presumption of Unlikely Recurrence of Past Personal Conduct Violations
- Character Evidence Supporting Reliability and Trustworthiness in Security Clearance Determinations.