Summary
Applicant, a 57-year-old with nearly 31 years of marriage, faced financial difficulties primarily due to his wife's mental illness, which resulted in significant medical debts. Despite failing to disclose delinquent debts on his Security Clearance Application, he successfully mitigated concerns related to his financial situation and personal conduct, 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: Medical bill for his wife - $149.00 (1.c). Medical bill for his wife - $194.00 (1.d). Medical bill for his wife - $600.00 (1.e). Medical bill for his wife - $44.00 (1.f). Credit card debt - $3,016.00 (1.g). Credit debt for daughter's pager - $122.00 (1.h). Community Association debt - $144.00, reduced to judgment (1.i). Start-up business seminar debt - $2,960.00 (1.j). Unknown creditor - $1,372.00 (1.k). Medical bill for his wife - $8,434.13 (1.l). Medical bill for his wife - $991.00 (1.m). Medical bill for his wife - $728.00 (1.n). Medical bill for his wife - $1,053.00 (1.o). Medical bill for his wife - $350.00 (1.p). Medical bill for his wife - $112.00 (1.q). Medical bill for his wife - $212.00 (1.r). Medical bill for his wife - $280.00 (1.s). Medical bill for his wife - $180.00 (1.t). Medical bill for his wife - $530.00 (1.u). Medical bill for his wife - $170.00 (1.v). Medical bill for his wife - $211.00 (1.w). Medical bill for his wife - $270.00 (1.x). Medical bill for his wife - $181.00 (1.y). Medical bill for his wife - $72.00 (1.z). Medical bill for his wife - $59.00 (1.aa).
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 demonstrated that his financial difficulties were largely due to circumstances beyond his control, specifically his wife's mental illness; He initiated bankruptcy proceedings to address his debts, showing a good faith effort to resolve financial issues; The applicant's credibility and testimony indicated that omissions on his SF 86 were not intentional or deliberate.
Why the Applicant Prevailed
- Applicant demonstrated that his financial difficulties were largely due to circumstances beyond his control, specifically his wife's mental illness.
- He initiated bankruptcy proceedings to address his debts, showing a good faith effort to resolve financial issues.
- The applicant's credibility and testimony indicated that omissions on his SF 86 were not intentional or deliberate.
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
“Protecting national security is the paramount concern in reaching a decision in any case, and is dependent upon the primary standard that issuance of a clearance must be clearly consistent with the interests of national security.”
Procedural Posture
- SOR issuedJan 19, 2005
- Answer filedFeb 2, 2005
- Hearing heldJul 26, 2005
- Decision dateOct 21, 2005
Cite For
- Mitigation of Financial Difficulties Due to Personal Hardship
- Credibility of Applicant's Testimony Regarding Omissions on Security Clearance Application
- Good Faith Efforts in Resolving Debts Through Bankruptcy Proceedings