Summary
The applicant, a 54-year-old single employee of a federal contractor, faced security clearance denial under Guideline E (personal conduct) and Guideline F (financial considerations) due to a history of unpaid debts and false statements on his security clearance application. Despite indicating an ability to repay debts, he failed to provide evidence of payments or mitigate the concerns raised, leading to the conclusion that granting a clearance was not consistent with national interest.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: In answer to Standard Form 86, Question 37. Your Financial Record - Unpaid Judgments. In the last 7 years, have you had any judgments against you that have not been repaid?, his answer was "No" (2.a). In answer to Question 38. Your Financial Delinquencies - 180 Days. In the last 7 years, have you ever been over 180 days delinquent on any debts?, his answer was "No" (2.b). February 1999 credit card $ 1,092.00 Unpaid (1.a). August 1998 county taxes $ 152.00 Unpaid (1.b). December 2000 county taxes $ 127.00 Unpaid (1.c). August 1999 county taxes $ 78.00 Unpaid (1.d). December 1999 county taxes $ 149.00 Unpaid (1.e). December 1998 county taxes $ 167.00 Unpaid (1.f). December 1999 collection account $ 135.00 Unpaid (1.g). December 2000 judgement $ 538.00 Unpaid (1.h).
The judge denied the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3, E2.A5.1.2.2. The decision turned on the following: The applicant had a long history of unpaid debts dating back to 1998; He provided false answers on his security clearance application regarding unpaid judgments and delinquent debts; The applicant failed to demonstrate a good-faith effort to resolve his financial obligations.
Why the Applicant Was Denied
- The applicant had a long history of unpaid debts dating back to 1998.
- He provided false answers on his security clearance application regarding unpaid judgments and delinquent debts.
- The applicant failed to demonstrate a good-faith effort to resolve his financial obligations.
Conditions Referenced
- E2.A6.1.2.1raisedFinancial Considerations Disqualifying ConditionA history of not meeting financial obligations.
- E2.A6.1.2.3raisedFinancial Considerations Disqualifying ConditionInability or unwillingness to satisfy debts.
- E2.A5.1.2.2raisedPersonal Conduct Disqualifying ConditionThe deliberate omission, concealment, or falsification of relevant material facts.
Key Rule Quoted
“[No] one has a 'right' to a security clearance.”
Procedural Posture
- SOR issuedOct 10, 2003
- Answer filedNov 18, 2003
- Hearing heldApr 11, 2005Transcript received.
- Decision dateMay 17, 2005
Cite For
- Denial Based on Financial Irresponsibility Under Guideline F
- False Statements on Security Clearance Applications Under Guideline E
- Failure to Mitigate Financial Concerns Despite Evidence of Ability to Pay Debts