Summary
A 46-year-old Senior Field Engineer for a defense contractor, with a high school diploma and two years of college, was granted a security clearance by Administrative Judge Darlene D. Lokey Anderson. The applicant faced allegations under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) primarily due to financial difficulties stemming from medical issues.
The allegations included false responses on his security clearance application regarding a state tax lien of $9,934 and multiple delinquent debts turned over to collection agencies. Specific financial issues included a $15,782 Capital One Auto debt (now current), a $1,559 student loan debt with payments scheduled to begin, and a $500 Credit One Bank debt (now current). Numerous medical debts, ranging from $26 to $1,757, were also cited, with many having been paid in full or settled.
The judge determined that the applicant's financial challenges were largely due to medical issues beyond his control. He demonstrated a good-faith effort to resolve his debts, including paying the tax lien and several medical and credit card debts, and had a plan to address remaining obligations. Crucially, the judge found no intentional concealment of information on his application. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to medical issues beyond his control.
- He has made significant progress in resolving his debts and has a clear plan to be debt-free within months.
- The applicant did not intentionally conceal information on his security clearance application.
Conditions Referenced
- 19(a)raisedInability or Unwillingness to Satisfy Debts
- 19(c)raisedA History of Not Meeting Financial Obligations
- 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- 20(c)appliedThe 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
- 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
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 issuedJul 30, 2014
- Answer filedSep 4, 2014
- Hearing heldDec 4, 2014
- Decision dateFeb 9, 2015
Cite For
- Mitigating Conditions for Financial Difficulties Under Guideline F
- Consideration of Personal Conduct in the Context of Financial Issues
- Good-faith Efforts to Resolve Debts as a Mitigating Factor