Summary
A 48-year-old defense contractor was granted a security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). Disqualifying conditions included F.19(a), F.19(c), and E.16(a), which related to past financial difficulties and inaccuracies on his security clearance application (SF 86).
The judge determined that the applicant had made substantial efforts to resolve his financial issues. These efforts included paying back taxes and nearly completing payments on student loans. The applicant's financial problems were largely attributed to circumstances beyond his control, such as periods of unemployment and medical issues.
Furthermore, the applicant credibly denied intentionally falsifying his SF 86, explaining the inaccuracies as misunderstandings and transcription errors. Mitigating conditions F.20(b), F.20(d), and F.20(c) were applied, leading to the ultimate decision to grant the applicant eligibility for a security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve his financial issues, including paying back taxes and nearly completing payments on student loans.
- The applicant credibly denied intentionally falsifying his SF 86, attributing inaccuracies to misunderstandings and transcription errors.
- The applicant's financial problems were largely due to circumstances beyond his control, such as unemployment and medical issues.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- E.16(a)rejectedDeliberate Omission, Concealment, or Falsification of Relevant FactsThe judge found that the applicant did not intentionally provide false information on his SF 86.
- F.20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- 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
Key Rule Quoted
“A security clearance adjudication is not a debt collection procedure. It is a procedure designed to evaluate an applicant’s judgment, reliability, and trustworthiness.”
Procedural Posture
- SOR issuedFeb 5, 2015
- Answer filedMay 4, 2015
- Hearing heldAug 20, 2015Hearing convened as scheduled.
- Decision dateNov 15, 2015
Cite For
- Mitigation of Financial Considerations Under Guideline F Due to Circumstances Beyond the Applicant's Control
- Rejection of Disqualifying Conditions Related to Personal Conduct When No Intent to Deceive Is Found
- The Importance of Demonstrating a Good-faith Effort to Resolve Financial Issues in Security Clearance Cases.