Summary
Applicant is a 44-year-old pipe fitter for a defense contractor, with significant unpaid debts primarily from medical bills and a history of financial irresponsibility. He denied having any overdue debts on his security clearance application, which the judge found to be a deliberate falsification. The applicant failed to mitigate the government's concerns regarding his financial situation and personal conduct, resulting in a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: When completing his security clearance application, he denied that he had any outstanding, overdue debt (2.a). He answered "no" to each of the following questions in the SOR: Question 38. Your Financial Delinquencies - 180 days: In the last 7 years, have you ever been over 180 days delinquent on any debt(s)? Question 39. Your Financial Delinquencies - 90 Days: Are you currently over 90 days delinquent on any debt? (2.b). Store account; $432.00; Ex-wife to pay; no longer on credit report (1.a). Car loan; $7,922.00; Ex-wife to pay; no longer on credit report (1.b). Medical bill; $35.00; Unpaid (1.c). Car loan; $4,832.00; Unknown. Debt denied; not listed on two most recent credit reports (1.d). Personal loan; $2,399.00; Ex-wife to pay; no longer on credit report (1.e). Medical bill; $421.00; Unpaid (1.f). Medical bill; $3,866.00; Unpaid (1.g). Medical bill; $37.00; Unpaid (1.h). Loan; $266.00; Unpaid, account closed (1.i). Medical bill; $207.00; Unpaid (1.j). Medical bill; $1,494.00; Unpaid (1.k). Medical bill; $2,787.00; Unpaid (1.l). Store account; $891.00; Unpaid (1.m).
The judge denied the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3, E2.A5.1.2.2, E2.A5.1.2.3. The decision turned on the following: Applicant has a long history of excessive and unpaid debt, including medical bills and personal debts; He denied having any overdue debts on his security clearance application, which was found to be a deliberate falsification; Applicant has not made any effort to pay his outstanding debts or mitigate the government's concerns.
Why the Applicant Was Denied
- Applicant has a long history of excessive and unpaid debt, including medical bills and personal debts.
- He denied having any overdue debts on his security clearance application, which was found to be a deliberate falsification.
- Applicant has not made any effort to pay his outstanding debts or mitigate the government's concerns.
Conditions Referenced
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator
Key Rule Quoted
“No one has a right to a security clearance, and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedOct 12, 2005
- Answer filedNov 21, 2005Applicant elected to have his case decided on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateMay 31, 2006
Cite For
- Denial Based on Financial Irresponsibility Under Guideline F
- Falsification of Information on Security Clearance Application Under Guideline E
- Failure to Mitigate Government Concerns Regarding Personal Conduct and Financial Issues