Summary
The applicant, a 27-year-old unmarred male with an Associate of Arts degree in Computer Systems, sought a DoD security clearance. The concerns involved financial difficulties and personal conduct, specifically overdue debts and lack of candor in his security questionnaire. The judge found that the applicant had taken responsible steps to address his debts and did not intend to mislead the government, ultimately granting the security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: It is alleged in the SOR that Applicant failed to provide truthful and candid answers to Questions asked under section 26 of an Electronic Questionnaires for Investigations Processing (e-Quip), executed by him on April 23, 2013. The questions asked whether in the last seven years Applicant had been over 120 days delinquent on any debt. It also asked if Applicant is currently over 120 days delinquent on any debt. Applicant answered, “No,” to these questions and listed no debts. It is alleged that Applicant deliberately failed to disclose that information concerning his finances and overdue debts as set forth in paragraph 1.a., above (2.a). Applicant has an overdue debt to Creditor A for a charged-off account in the approximate amount of $17,310 (1.a). Applicant has a second overdue debt to Creditor A for a charged-off account in the approximate amount of $14,537 (1.b). Applicant has a third overdue debt to Creditor A for a charged-off account in the approximate amount of $3,434 (1.c). Applicant has an overdue debt to Creditor B for a medical account in the approximate amount of $51 (1.d).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant established a payment plan for his overdue debts and made significant payments towards them; The applicant's financial difficulties were due to periods of unemployment or underemployment, which were beyond his control; The applicant credibly testified that any inaccuracies in his security questionnaire were due to mistakes, not intentional misrepresentation.
Why the Applicant Prevailed
- The applicant established a payment plan for his overdue debts and made significant payments towards them.
- The applicant's financial difficulties were due to periods of unemployment or underemployment, which were beyond his control.
- The applicant credibly testified that any inaccuracies in his security questionnaire were due to mistakes, not intentional misrepresentation.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedNov 26, 2014
- Answer filedJan 13, 2015
- Hearing heldMay 21, 2015via video teleconference
- Decision dateJan 20, 2016
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Responsible Actions Taken by the Applicant
- Credibility of Applicant's Testimony Regarding Personal Conduct Under Guideline E
- Application of the Whole-person Concept in Security Clearance Determinations