Summary
A DOD contractor and former Navy service member was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited several delinquent debts and tax liens, including a $3,054 state tax lien from State A (2009), a $3,066 tax lien from State B (2003), and various collection accounts for credit cards ($1,568, $224, $71), an automobile loan ($9,851), student loans ($3,999, $4,683, $3,095), and a cable television account ($236). Additionally, the applicant was alleged to have deliberately falsified his security clearance application by answering "No" to questions about delinquent debts.
The judge determined that the applicant's omissions on the application were due to oversight rather than intentional falsification. Mitigating factors included the applicant's resolution of most delinquent debts, becoming current on student loans, and demonstrating sufficient income to manage financial obligations.
Ultimately, the applicant's overall reliability and efforts to address financial issues led to the granting of the security clearance.
Why the Applicant Prevailed
- The applicant resolved most of his delinquent debts and is current on his student loans.
- The applicant's omissions on his security clearance application were determined to be due to oversight, not intentional falsification.
- The applicant demonstrated sufficient income to manage 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 ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 8, 2014
- Answer filedAug 17, 2014Requested decision based on written record.
- Hearing heldSep 22, 2015
- Decision dateOct 22, 2015
Cite For
- Mitigating Conditions for Financial Considerations Under Guideline F
- Consideration of Oversight in Personal Conduct Under Guideline E
- Whole-person Concept in Security Clearance Evaluations