Summary
The applicant, a 41-year-old college graduate and federal contractor, faced security clearance denial under Guideline F due to unresolved financial issues, including delinquent student loans and other debts. Despite some debts being settled, the applicant failed to provide sufficient evidence of responsible financial management or consistent repayment plans, leading to doubts about her reliability and judgment.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant denied the debt in ¶ 1.a ($572), indicating it was paid in 2013 or 2014. In her response to the FORM, she indicated that this debt is part of a student loan that is being consolidated (1.a). Applicant denied owing the debt in SOR ¶ 1.b ($673) to a cell phone company, indicating she paid the debt in 2007 or 2008 when she switched companies (1.b). Applicant provided proof that she paid the balance owed on the debt in SOR ¶ 1.c in 2009 (1.c). The debt in SOR ¶ 1.d ($3,150) is a tax lien for unpaid income taxes (1.d). The debts in SOR ¶ 1.e ($7,775) and 1.f ($3,456) are also delinquent student loans (1.e). The debts in SOR ¶ 1.e ($7,775) and 1.f ($3,456) are also delinquent student loans (1.f). Applicant indicated she was unaware of the debt in SOR ¶ 1.g ($364). After researching the debt, she disputed it belonged to her and provided a Federal Bureau of Investigation news release that the creditor was accused of fraud and was no longer in business (1.g). The debts in SOR ¶ 1.h ($78), 1.i ($78), 1.j ($65) and 1.k ($55) are for delinquent parking fines. Applicant indicated they were paid and that she checked her account and there were no outstanding tickets (1.h). The debts in SOR ¶ 1.h ($78), 1.i ($78), 1.j ($65) and 1.k ($55) are for delinquent parking fines. Applicant indicated they were paid and that she checked her account and there were no outstanding tickets (1.i). The debts in SOR ¶ 1.h ($78), 1.i ($78), 1.j ($65) and 1.k ($55) are for delinquent parking fines. Applicant indicated they were paid and that she checked her account and there were no outstanding tickets (1.j). The debts in SOR ¶ 1.h ($78), 1.i ($78), 1.j ($65) and 1.k ($55) are for delinquent parking fines. Applicant indicated they were paid and that she checked her account and there were no outstanding tickets (1.k).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: Applicant had numerous unresolved delinquent debts totaling over $16,000; Insufficient evidence was provided to demonstrate responsible financial management or consistent repayment of student loans; The applicant's financial problems were recent and cast doubt on her current reliability and trustworthiness.
Why the Applicant Was Denied
- Applicant had numerous unresolved delinquent debts totaling over $16,000.
- Insufficient evidence was provided to demonstrate responsible financial management or consistent repayment of student loans.
- The applicant's financial problems were recent and cast doubt on her current reliability and trustworthiness.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)rejectedConditions Largely Beyond the Person's ControlApplicant did not provide evidence that she acted responsibly under the circumstances.
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue CreditorsEvidence was provided that some debts were paid or resolved.
- AG ¶ 20(e)appliedDispute of Legitimacy of Past-due DebtApplicant successfully disputed certain debts.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 5, 2015
- Answer filedFeb 24, 2015Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateApr 5, 2016
Cite For
- Failure to Mitigate Financial Concerns Under Guideline F
- Insufficient Evidence of Responsible Financial Management
- Disputing Legitimacy of Debts as a Mitigating Factor