Summary
The applicant, a defense contractor employee born in December 1970, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to a history of delinquent debts stemming from marital separation and unemployment. The applicant demonstrated a proactive approach by beginning to pay off debts prior to the initiation of the security clearance action, resolving many obligations, and maintaining current payments on remaining debts. The judge found that the applicant mitigated the security concerns, leading to a granted clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Credit Card $3,464.00 (Business Account) (1.a). Child support arrears 4,024.00 (1.b). Judgment 786.00 (former landlord) (1.c). Judgment 680.00 (former landlord) (1.d). Judgment 148.00 (former landlord) (1.e). Collection agency 618.00 (dishonored check) (1.f). Collection agency 76.00 (utility bill) (1.g). Collection agency 280.00 (television service) (1.h). Collection agency 395.00 (mobile telephone service) (1.i). Collection agency 303.00 (medical bill) (1.j). Collection agency 319.00 (telephone services) (1.k). Collection agency 1,080.00 (1.l). Bank debt 19,007.00 (automobile repossession) (1.m). Collection agency 303.00 (medical bill) (1.n). Medical bill 155.00 (1.o). Collection agency 549.71 (bank) (1.p). Communications svc. 166.00 (1.q). Collection agency 83.00 (insurance) (1.r). Car dealership 1,150.00 (dishonored checks) (1.s).
The judge granted the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3, E2.A5.1.2.1, E2.A5.1.2.5. The judge applied mitigating conditions E2.A6.1.3.1, E2.A6.1.3.3, E2.A6.1.3.6. The decision turned on the following: Applicant began paying delinquent debts before the initiation of the action; Many outstanding obligations have been paid or resolved; The financial difficulties were largely due to circumstances beyond the applicant's control, such as marital separation and unemployment.
Why the Applicant Prevailed
- Applicant began paying delinquent debts before the initiation of the action.
- Many outstanding obligations have been paid or resolved.
- The financial difficulties were largely due to circumstances beyond the applicant's control, such as marital separation and unemployment.
Conditions Referenced
- E2.A6.1.2.1raisedHistory of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A5.1.2.1raisedReliable, Unfavorable Information Regarding Questionable Judgment
- E2.A5.1.2.5raisedPattern of Dishonesty or Rule Violations
- E2.A6.1.3.1appliedBehavior Was Not Recent
- E2.A6.1.3.3appliedConditions Largely Beyond the Person's Control
- E2.A6.1.3.6appliedGood-faith Effort to Repay Overdue Creditors
Key Rule Quoted
“"The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance."”
Procedural Posture
- SOR issuedNov 16, 2005Details the basis for the decision.
- Answer filedDec 15, 2005Applicant elected to have a hearing.
- Hearing heldApr 20, 2006Concluded with the applicant testifying.
- Decision dateJun 12, 2006
Cite For
- Mitigation of Financial Difficulties Due to Circumstances Beyond Control
- Isolated Incidents of Personal Conduct Violations
- Proactive Debt Repayment Efforts Prior to Security Clearance Action