Summary
The Applicant, a 37-year-old long-haul trucker employed by a defense contractor, faced allegations under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to financial difficulties stemming from a heart attack, unemployment, and his wife's financial mismanagement. The judge found that the Applicant's financial issues were largely beyond his control and that he did not falsify his security clearance application. Consequently, the security clearance was granted.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The Government alleges in this paragraph that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process (2.a). The Applicant had been 180 days delinquent on three debts within the seven years before the questionnaire was signed (2.b). The Applicant is financially overextended and therefore at risk of having to engage in illegal acts to generate funds (1.a). The Applicant's wife consistently failed to pay the family bills in a timely fashion, resulting in several utility cut-offs (1.b). The debts set forth in allegations 1.a., 1.b., and 1.c. were incurred during the period of financial mismanagement by the Applicant's wife (1.c). The Applicant incurred considerable uninsured medical expenses because of his heart attack (1.d). The Applicant's wife is the primary debtor for an additional $64,466.18 in student loans, for which he is partially responsible (1.e).
The judge granted the clearance. The government raised disqualifying conditions E2.A6.1.2.1. The judge applied mitigating conditions E2.A6.1.3.3, E2.A6.1.3.6. The decision turned on the following: The Applicant's financial difficulties were primarily caused by circumstances beyond his control, including a heart attack and unemployment; The Applicant filed for Chapter 7 bankruptcy and received a discharge, resolving his financial issues; The Applicant did not falsify his security clearance application as alleged.
Why the Applicant Prevailed
- The Applicant's financial difficulties were primarily caused by circumstances beyond his control, including a heart attack and unemployment.
- The Applicant filed for Chapter 7 bankruptcy and received a discharge, resolving his financial issues.
- The Applicant did not falsify his security clearance application as alleged.
Conditions Referenced
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.3.3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control (e.g., Loss of Employment, Unexpected Medical Emergency, or Separation)
- E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“Any determination under this order...shall be a determination in terms of the national interest and shall in no sense be a determination as to the loyalty of the applicant concerned.”
Procedural Posture
- SOR issuedNov 7, 2005
- Answer filedDec 21, 2005
- Hearing heldJul 25, 2006
- Decision dateNov 14, 2006
Cite For
- Mitigation of Financial Difficulties Due to Medical Emergencies Under Guideline F
- Non-falsification of Security Clearance Applications When Advised by Security Officers Under Guideline E
- Consideration of Personal Circumstances in Financial Matters Affecting Security Clearance Eligibility.