Summary
The applicant, a 32-year-old prospective employee of a defense contractor, faced security concerns under Guideline E (personal conduct) and Guideline F (financial considerations) due to a history of financial irresponsibility, including multiple bad check offenses and delinquent debts totaling approximately $13,543. The administrative judge denied the applicant's security clearance, finding insufficient evidence of rehabilitation or resolution of financial issues.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: charged-off account for $4,634 (1.a). charged-off account for $2,300 (1.b). charged-off account for $965 (1.c). charged-off account for $554 (1.d). collection account for $1,150 (1.e). collection account for $350 (1.f). collection account for $175 (1.g). failure to file 2010 and 2011 federal income tax returns in a timely manner (1.h). past-due federal income taxes for 2010, 2012, and 2013 that totaled $3,325 (1.i).
The judge denied the clearance. The government raised disqualifying conditions F.1.a, F.1.c, F.1.d, F.1.g. The judge applied mitigating conditions F.2.a, F.2.b, F.2.c, F.2.d, F.2.e. The decision turned on the following: The applicant failed to mitigate security concerns related to financial irresponsibility and personal conduct; The applicant had a history of multiple bad check offenses and delinquent debts; The applicant's inconsistent statements regarding employment and financial issues undermined his credibility.
Why the Applicant Was Denied
- The applicant failed to mitigate security concerns related to financial irresponsibility and personal conduct.
- The applicant had a history of multiple bad check offenses and delinquent debts.
- The applicant's inconsistent statements regarding employment and financial issues undermined his credibility.
Conditions Referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- F.1.draisedDeceptive or Illegal Financial Practices
- F.1.graisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- F.2.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's financial issues were recent and ongoing.
- F.2.brejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant's inconsistent statements about his employment history did not support this claim.
- F.2.crejectedThe Person Has Received or Is Receiving Counseling for the ProblemInsufficient evidence of effective counseling or resolution of financial issues.
- F.2.drejectedThe Individual Initiated a Good-faith Effort to Repay Overdue CreditorsThe applicant's repayment efforts were inconsistent and lacked documentation.
- F.2.erejectedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due DebtNo evidence was provided to dispute the debts.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedAug 11, 2015
- Answer filedSep 8, 2015
- Hearing heldFeb 25, 2016
- Decision dateMay 10, 2016
Cite For
- Denial of Security Clearance Due to Financial Irresponsibility Under Guideline F
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Insufficient Evidence of Rehabilitation in Financial Matters.