Summary
A 42-year-old information assurance analyst was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited the applicant's failure to disclose several arrests on her SF-86 and during an interview with a DSS special agent. Financial concerns included six accounts totaling $19,710 submitted for collection, two accounts totaling $1,089 with judgments, one charged-off account of $1,117, and one account of $2,567 that was at least 90 days past due.
The judge found the applicant's explanations for both the financial delinquencies and the non-disclosure of arrests to be credible. Her financial difficulties were largely attributed to circumstances beyond her control, such as unemployment and a family illness. She had also taken significant steps to resolve her debts, including paying three small accounts in full and establishing a plan for full repayment.
The failure to disclose arrests was not considered intentional, and her subsequent efforts to correct these omissions were deemed credible. Given these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant's financial issues were largely due to circumstances beyond her control, including unemployment and a family illness.
- She has made significant progress in resolving her financial delinquencies and has a plan in place to fully repay her debts.
- The applicant's failure to disclose arrests was not deemed intentional, and her subsequent efforts to correct the omissions were credible.
Conditions Referenced
- DC 1raisedA History of Not Meeting Financial Obligations
- DC 3raisedInability or Unwillingness to Satisfy Debts
- MC 3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- MC 4appliedThe Person Has Received or Is Receiving Counseling for the Problem and There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- MC 6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The sole purpose of a security clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedMay 10, 2004
- Answer filedJun 21, 2004
- Hearing heldNov 9, 2004
- Decision dateJan 11, 2005
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Credibility of Applicant's Explanations for Past Conduct Under Guideline E
- Good-faith Efforts to Resolve Debts as a Mitigating Factor