Summary
The applicant, a 52-year-old defense contractor, faced security concerns under Guidelines E (personal conduct) and F (financial considerations) due to a federal tax lien and delinquent debts. The applicant successfully demonstrated that his financial issues stemmed from a cancer diagnosis and subsequent treatment, and he has made significant efforts to resolve his debts, leading to a favorable decision for security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: $38,525 federal tax lien (1.a). $265 delinquent debt (1.b). $348 delinquent debt (1.c). $3,933 delinquent debt (1.d). $4,517 credit card debt (1.e). $243 delinquent debt (1.f). $1,510 delinquent debt (1.h). $119 medical debt (1.i). $329 medical debt (1.j).
The judge granted the clearance. The government raised disqualifying conditions F.19.a, F.19.c. The judge applied mitigating conditions F.20.a, F.20.b, F.20.c, F.20.d. The decision turned on the following: The applicant demonstrated a good-faith effort to resolve his financial issues; The applicant's financial problems were largely due to circumstances beyond his control, specifically a serious medical condition; The applicant was found to have not intentionally falsified information on his security clearance application.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve his financial issues.
- The applicant's financial problems were largely due to circumstances beyond his control, specifically a serious medical condition.
- The applicant was found to have not intentionally falsified information on his security clearance application.
Conditions Referenced
- F.19.araisedInability or Unwillingness to Satisfy Debts
- F.19.craisedA History of Not Meeting Financial Obligations
- F.20.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20.bappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20.cappliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- F.20.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“A security clearance adjudication is not a debt collection procedure. It is a procedure designed to evaluate an applicant’s judgment, reliability, and trustworthiness.”
Procedural Posture
- SOR issuedApr 30, 2014
- Answer filedMay 23, 2014Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateOct 20, 2014
Cite For
- Mitigation of Financial Issues Due to Medical Circumstances Under Guideline F
- Non-intentional Falsification of Security Clearance Application Under Guideline E
- Good-faith Efforts to Resolve Debts as a Factor in Security Clearance Eligibility.