Summary
The applicant, a 66-year-old employee of a defense contractor, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to past financial issues and a misrepresentation on his Security Clearance Application. He successfully demonstrated that he had made a good-faith effort to resolve his debts, some of which were allocated to his former wife, and established that his misrepresentation was unintentional. The judge granted the security clearance based on the applicant's integrity and stable employment.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant disputed the debt of $48 to Creditor #1 which was reported as charged off as a bad debt in February 1999 (1.a). Applicant disputed the $4,022 debt to Creditor #2 for an credit card account charged off as a bad debt in September 1999 (1.b). Applicant disputed his debt to Creditor #3 for $6,215 for a credit card debt to Creditor #3 which was charged off as a bad debt in November 1999 as it was allocated to his former wife in a divorce settlement (1.c). Applicant disputed his debt to Creditor #4 for $123 for an account placed for collection in February 2000 which he believes is the same debt alleged in SOR 1.f (1.d). Applicant disputed his debt to Creditor #5 for $4,181 for a credit card debt which was charged off as a bad debt in March 2000 as it was allocated to his former wife in a divorce settlement (1.e). Applicant disputed his debt to Creditor #6 for $123 for an account placed for collection in April 2000 which he believes is the same debt alleged in SOR 1.d (1.f). Applicant disputed his debt to Creditor #7 for $8,976 for a credit card debt to Creditor #3 which was charged off as a bad debt in May 2000 as it was allocated to his former wife in a divorce settlement (1.g). Applicant disputed this debt to Creditor #8, for $69 for an account placed for collection in December 2000 which he believes is the same allegation as SOR 1.j (1.h). Applicant believed his debt to Creditor #9 for $271 was for a telephone debt incurred by his son, who has paid this debt (1.i). Applicant disputed his debt to Creditor #10, for $69 for an account placed for collection in October 2002 which he believes is the same allegation as SOR 1.h (1.j). Applicant disputed his debt to Creditor #11, for $396 for an account placed for collection in March 2003 which he cannot identify (1.k). Applicant disputed his debt to Creditor #12, for $397 for an account charged off as a bad debt in March 2003 as he never had an account with this creditor (1.l). Applicant paid his debt to Creditor #13, for $78 for an account placed for collection by a utility in September 2003 (1.m).
The judge granted the clearance. The government raised disqualifying conditions F3, E2. The judge applied mitigating conditions F3, F6, E2. The decision turned on the following: The applicant made a good-faith effort to resolve his debts, including paying one debt and disputing others allocated to his former wife; He established no intent to falsify his Security Clearance Application, demonstrating credibility in his explanations; The applicant has a stable job and is regarded as a person of integrity and trustworthiness by his employer.
Why the Applicant Prevailed
- The applicant made a good-faith effort to resolve his debts, including paying one debt and disputing others allocated to his former wife.
- He established no intent to falsify his Security Clearance Application, demonstrating credibility in his explanations.
- The applicant has a stable job and is regarded as a person of integrity and trustworthiness by his employer.
Conditions Referenced
- F3raisedInability or Unwillingness to Satisfy Debts
- E2raisedConduct Involving Questionable Judgment, Untrustworthiness, Unreliability, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- F3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control (e.g., Loss of Employment, a Business Downturn, Unexpected Medical Emergency, or a Death, Divorce or Separation)
- F6appliedThe Individual Initiated a Good-faith Effort to Resolve Debts
- E2appliedThe Individual Has Established a Reputation for Honesty and Integrity in the Workplace
Key Rule Quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”
Procedural Posture
- SOR issuedMay 26, 2005
- Answer filedJun 17, 2005Applicant initially stated he did not want a hearing but later requested one.
- Hearing heldOct 14, 2005Hearing was held in a city near where the applicant lives and works.
- Decision dateJun 12, 2006
Cite For
- Good-faith Efforts to Resolve Financial Issues Under Guideline F
- Unintentional Misrepresentation on Security Clearance Application Under Guideline E
- Consideration of Personal Integrity and Workplace Reputation in Security Clearance Decisions