Summary
A 42-year-old U.S. Army veteran with a Bachelor's Degree in Criminal Justice sought a security clearance. Concerns were raised under Guideline F (Financial Considerations) due to alleged financial overextension and under Guideline E (Personal Conduct) regarding alleged dishonesty in his security clearance application.
Specifically, the Applicant was indebted to a state for approximately $51,199 in spousal support and medical bills, which he had reduced to $41,483 through regular monthly payments. Other debts included approximately $18,216 and $24,873, both identified as duplicate entries related to a 2007 vehicle repossession, which were subsequently removed from his credit reports. Additionally, three smaller debts of approximately $1,084, $378, and $122, which the Applicant disputed as fraudulent due to identity theft, were also removed from his credit reports.
The Administrative Judge found that the Applicant had mitigated the financial concerns by demonstrating a history of regular payments and resolving disputed debts. Evidence of financial rehabilitation and good standing with financial obligations was presented. The Judge also determined that the Applicant's responses on his security clearance application were truthful. Consequently, the security clearance was GRANTED.
Why the Applicant Prevailed
- The Applicant demonstrated a history of making regular payments on his debts and resolving disputes regarding his credit report.
- He provided evidence of financial rehabilitation and maintained a good standing with his financial obligations.
- The Judge found the Applicant's responses on his security clearance application to be truthful and not misleading.
Conditions Referenced
- 19(a)raisedInability or Unwillingness to Satisfy Debts
- 19(c)raisedA History of Not Meeting Financial Obligations
- 20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to Recur
- 20(b)appliedConditions Resulting in Financial Problems Were Largely Beyond the Person's Control
- 20(c)appliedReceived or Is Receiving Counseling for the Problem And/or Indications That the Problem Is Being Resolved
- 20(d)appliedInitiated a Good-faith Effort to Repay Overdue Creditors or Resolve Debts
- 20(e)appliedReasonable Basis to Dispute the Legitimacy of Past-due Debt
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedMay 13, 2014
- Answer filedMay 1, 2014
- Hearing heldJun 24, 2015via video-teleconference
- Decision dateOct 29, 2015
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Truthfulness in Security Clearance Applications Under Guideline E
- Whole-person Assessment in Security Clearance Determinations