Summary
A 42-year-old defense contractor employee was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The issues stemmed from financial difficulties related to his wife's business problems and their subsequent divorce.
Specifically, the applicant faced allegations regarding the completeness of his financial disclosures on his 2001 SF 86. However, it was determined that he had provided full financial details to security personnel at his company and to the Defense Security Service (DSS) during an interview. A company security official confirmed the applicant had advised them of all credit problems, and the company did not fully list them on the security form, knowing DSS would conduct a credit check. The judge found no intent to falsify the SF 86.
The applicant successfully mitigated the financial concerns by resolving debts through bankruptcy, paying one creditor in full, and demonstrating a good faith effort to address remaining tax liabilities. The judge concluded that the financial difficulties were largely beyond his control, and he had made significant efforts to improve his financial situation, leading to the granting of his security clearance.
Why the Applicant Prevailed
- Applicant resolved debts through bankruptcy and paid one creditor in full.
- Demonstrated a good faith effort to address remaining tax liabilities.
- Financial issues were largely due to circumstances beyond his control, including his wife's business problems.
Conditions Referenced
- F.1raisedA History of Not Meeting Financial Obligations
- F.3raisedInability or Unwillingness to Satisfy Debts
- E.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- F.3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- F.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- E.3appliedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the Facts
Key Rule Quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”
Procedural Posture
- SOR issuedOct 23, 2002
- Answer filedNov 12, 2002Notarized response from applicant.
- Hearing heldJan 29, 2003Hearing conducted at a location convenient to the applicant.
- Decision dateApr 25, 2003
Cite For
- Mitigation of Financial Concerns Due to Circumstances Beyond Control
- Good Faith Efforts to Resolve Debts Post-bankruptcy
- Disclosure of Financial Issues in Security Application Process