Summary
The applicant, a 44-year-old electrical engineer, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to financial difficulties stemming from a lengthy separation and family illnesses. Despite these challenges, he resolved all debts and demonstrated a good-faith effort to manage his financial obligations, leading to the granting of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Credit card debt in delinquent status $1,187.00 (1.a). Medical bill in delinquent status $50.00 (1.b). Insurance company bill in delinquent status $122.00 (1.c). Electric bill in delinquent status $304.00 (1.d). Credit Union loan in delinquent status $2,505.00 (1.e). Electric bill in delinquent status $172.00 (late mother's bill) (1.f). Cable bill in delinquent status $62.00 (1.g). Credit Union loan in delinquent status $1,985.00 (1.h). Balance owed to bank after car repossessed $11,500.00 (1.i). Credit card debt in delinquent status $116.00 (1.j). Finance company account in delinquent status $5,769.00 (1.k). State Housing Finance Agency in delinquent status $13,700.00 (1.l). Finance company account past due $562.00 (1.m). Credit card debt in delinquent status $667.00 (1.n). Credit card debt in delinquent status $902.00 (1.o). Home loan in foreclosure status $7,787.00 (1.p).
The judge granted the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3. The judge applied mitigating conditions E2.A6.1.3.3, E2.A6.1.3.6. The decision turned on the following: Applicant resolved all debts alleged in the SOR; He demonstrated a good-faith effort to repay overdue creditors; The financial difficulties were largely beyond his control due to personal circumstances.
Why the Applicant Prevailed
- Applicant resolved all debts alleged in the SOR.
- He demonstrated a good-faith effort to repay overdue creditors.
- The financial difficulties were largely beyond his control due to personal circumstances.
Conditions Referenced
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A6.1.3.3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“"The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedSep 30, 2003
- Answer filedDec 5, 2003
- Hearing heldApr 29, 2004
- Decision dateMar 30, 2005
Cite For
- Resolution of Multiple Debts Under Guideline F
- Mitigating Circumstances Due to Personal Hardships
- Good-faith Efforts in Financial Recovery