Summary
The applicant, a 73-year-old administrative assistant for a DOD contractor, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to financial difficulties and a violation of company policy. The judge found that the applicant had taken significant steps to resolve her financial issues and demonstrated responsible behavior, leading to a decision to grant her security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant failed to file her 2012 federal income tax return (2.a). failed to file her 2012 federal income tax return (1.a). has not paid delinquent federal taxes in the amount of $6,000 (1.b). $5,595 judgment obtained against Applicant in 2009 (1.c). borrowed approximately $50,000 from her brother, who filed a lawsuit and obtained a judgment against her in the amount of $55,338 (1.d). $3,990 credit card debt (1.e). $4,103 credit card debt (1.f). unpaid monies owed on her time-share maintenance accounts totaling $3,964 (1.g). unpaid monies owed on her time-share maintenance accounts totaling $4,355 (1.h).
The judge granted the clearance. The government raised disqualifying conditions F.19(a), F.19(c), E.16(d). The judge applied mitigating conditions F.20(b), F.20(c), F.20(d), E.17(d), E.17(e). The decision turned on the following: The applicant demonstrated a credible effort to resolve her financial issues, including paying off debts and maintaining current payments on obligations; The judge found no evidence that the applicant failed to file her 2012 federal income tax return, which was a key allegation against her; The applicant's one-time violation of company policy was not indicative of a pattern of untrustworthy behavior and was mitigated by her acknowledgment and corrective actions.
Why the Applicant Prevailed
- The applicant demonstrated a credible effort to resolve her financial issues, including paying off debts and maintaining current payments on obligations.
- The judge found no evidence that the applicant failed to file her 2012 federal income tax return, which was a key allegation against her.
- The applicant's one-time violation of company policy was not indicative of a pattern of untrustworthy behavior and was mitigated by her acknowledgment and corrective actions.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- E.16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- F.20(b)rejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant's financial issues stemmed from her own decisions to help a friend.
- F.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
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- E.17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior
- E.17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“The guidelines presume a nexus or rational connection between proven conduct under any of the criteria listed therein and an applicant’s security suitability.”
Procedural Posture
- SOR issuedJan 21, 2015
- Answer filedFeb 28, 2015Applicant requested a decision on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateOct 7, 2015
Cite For
- Mitigation of Financial Issues Under Guideline F Through Evidence of Debt Repayment
- Evaluation of Personal Conduct Under Guideline E Based on Isolated Incidents
- Consideration of the Whole-person Concept in Security Clearance Determinations