Summary
The applicant, a 47-year-old computer graphic artist employed by a defense contractor, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to delinquent debts totaling $37,518 and a failure to disclose these debts on his security clearance application. The judge found that the applicant's financial difficulties were largely due to circumstances beyond his control, including unemployment and a divorce, and noted his efforts to repay debts and manage finances responsibly. Ultimately, the applicant was granted security clearance as he mitigated the concerns raised.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant knew that he had delinquent debt. His failure to reveal the delinquent status of his debts on his security clearance application raises a security concern under Personal Conduct Disqualifying Condition AG ¶ 16(a) (the deliberate omission concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security eligibility or trustworthiness, or award fiduciary responsibilities) (2.a). a medical debt for $761 (1.a). a television service debt for $118 (1.b). another medical debt for $84 (1.c). a student loan account placed for collection for $13,698 (1.d). another student loan account placed for collection for $19,034 (1.e). a credit card debt placed for collection for $3,692 (1.f). an account placed for collection for $131 (1.g).
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). The decision turned on the following: The applicant demonstrated a good-faith effort to repay overdue debts and manage his finances responsibly; The financial difficulties were largely due to circumstances beyond the applicant's control, such as unemployment and divorce; The applicant's testimony was credible, and he has shown a commitment to resolving his financial obligations.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to repay overdue debts and manage his finances responsibly.
- The financial difficulties were largely due to circumstances beyond the applicant's control, such as unemployment and divorce.
- The applicant's testimony was credible, and he has shown a commitment to resolving his financial obligations.
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 Problems Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 1, 2014
- Answer filedOct 19, 2014
- Hearing heldApr 13, 2015
- Decision dateJun 18, 2015
Cite For
- Mitigation of Financial Concerns Due to Circumstances Beyond Control
- Good-faith Efforts to Resolve Delinquent Debts
- Credibility of Applicant's Testimony in Financial Matters