Summary
The applicant, a 31-year-old software engineer, faced security clearance concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to being in arrears on 11 debts, primarily student loans. The applicant demonstrated that he had resolved all debts and that any omissions on his security clearance application were inadvertent. The judge found that the applicant's financial issues had been mitigated and that there was no intent to falsify information, leading to the granting of the security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The SOR alleged Applicant deliberately provided false information on his security clearance application dated October 10, 2000, in response to Question 38 by indicating he was delinquent on only one debt over 180 days in the last seven years, and Question 39 responding that he was not currently over 90 days delinquent on any debt (2.a). Apartment management company charged off account $117.00 (1.a). Collection agency (two credit cards) collection accounts $13,577.99 (1.b). Collection agency (utility company) company charged off account $283.00 (1.c). Credit card company charged off account $368.00 (1.d). Insurance company collection account $102.00 (1.e). Student loan past due $8,258.00 (1.f). Student loan past due $3,798.00 (1.g). Student loan past due $5,756.00 (1.h). Student loan past due $5,887.00 (1.i). Student loan past due $3,717.00 (1.j). Student loan past due $5,734.00 (1.k).
The judge granted the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3, E2.A5.1.2. The judge applied mitigating conditions E2.A6.1.3.6, E2.A5.1.3. The decision turned on the following: Applicant resolved all debts alleged in the SOR; The applicant's omissions on the security clearance application were found to be inadvertent errors; The applicant demonstrated a good-faith effort to manage his financial obligations.
Why the Applicant Prevailed
- Applicant resolved all debts alleged in the SOR.
- The applicant's omissions on the security clearance application were found to be inadvertent errors.
- The applicant demonstrated a good-faith effort to manage his financial obligations.
Conditions Referenced
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A5.1.2raisedDeliberately Providing False Information
- E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- E2.A5.1.3appliedThe Individual’s Conduct Was Not Deliberate or Intentional
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 issuedAug 10, 2004
- Answer filedAug 25, 2004
- Hearing heldApr 5, 2005Hearing conducted as scheduled.
- Decision dateJun 14, 2005
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Inadvertent Omissions in Security Clearance Applications Under Guideline E
- Good-faith Efforts to Resolve Debts as a Mitigating Factor