Summary
The applicant, a 29-year-old network administrator for a defense contractor, faced security clearance denial under Guideline F due to approximately $27,000 in delinquent debts. Despite seeking credit counseling and proposing a payment plan, the applicant failed to adhere to it and did not provide evidence of debt resolution, leading to the conclusion that he did not mitigate the financial security concerns.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Collection acct $1,204 (1.a). Collection acct $196 (1.b). Collection acct $40-gasoline card (1.c). Collection accts $640 and $151 (1.d). Collection acct $547 (1.e). Collection acct $9,029-student loan (1.f). Collection acct $7,392-student loan (1.g). Judgment to state $7,441 (1.h). Lien-state comptroller-$3,730 (1.i).
The judge denied the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3. The judge applied mitigating conditions E2.A6.1.3.1, E2.A6.1.3.3, E2.A6.1.3.4. The decision turned on the following: Applicant has approximately $27,000 in delinquent debts, which he failed to pay; Applicant did not adhere to a payment plan established with a credit counselor; There was no evidence provided that any debts were paid or that financial issues were being resolved.
Why the Applicant Was Denied
- Applicant has approximately $27,000 in delinquent debts, which he failed to pay.
- Applicant did not adhere to a payment plan established with a credit counselor.
- There was no evidence provided that any debts were paid or that financial issues were being resolved.
Conditions Referenced
- E2.A6.1.2.1raisedHistory of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedUnable or Unwilling to Satisfy Debts
- E2.A6.1.3.1rejectedBehavior Not RecentThe issue is not when the debts were incurred, but whether his behavior (non-payment) was recent.
- E2.A6.1.3.3rejectedConditions Beyond ControlApplicant has not shown that he was incapable of paying these debts.
- E2.A6.1.3.4rejectedReceived Counseling and Indications of ResolutionNo evidence was provided that the applicant was making the recommended payments.
Key Rule Quoted
“An applicant "has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance."”
Procedural Posture
- SOR issuedSep 25, 2003
- Answer filedNov 3, 2003
- Hearing heldFeb 4, 2004Applicant elected to have the case decided on the written record.
- Decision dateApr 9, 2004
Cite For
- Denial of Security Clearance Due to Significant Delinquent Debts Under Guideline F
- Failure to Adhere to a Credit Counseling Payment Plan as a Factor in Security Clearance Denial
- Insufficient Evidence of Debt Resolution Despite Counseling Efforts