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Summary

A 32-year-old bus driver for a defense contractor was denied a security clearance primarily due to significant financial concerns under Guideline F (Financial Considerations). The applicant had nearly $10,000 in unresolved delinquent debts, with two creditors and the IRS garnishing his salary. While he was making payments on a $2,638 debt and a $35,000 student loan, over $10,000 remained unpaid. He also regularly paid on three credit cards but not the full amounts due.

Although the applicant had a learning disability that contributed to his misunderstanding of SF 86 questions, his failure to report delinquent debts on the form raised concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The judge found his criminal conduct related to the non-disclosure mitigated, and noted his reputation for trustworthiness and honesty, and that he was a hard-working individual.

However, the applicant's sporadic attention to debt repayment and limited ability to pay were deemed insufficient to demonstrate financial responsibility. Despite being in a financial consulting plan, the applicant failed to mitigate the nearly $10,000 in delinquent debts, leading to the denial of his security clearance.

Why the Applicant Was Denied

• Applicant failed to mitigate delinquent debts totaling nearly $10,000.
• The applicant's sporadic attention to debt repayment and limited ability to pay were insufficient to demonstrate financial responsibility.
• Failure to report delinquent debts on the SF 86 raised concerns about judgment and reliability.

Conditions Referenced

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”

Procedural Posture

• SOR issuedOct 28, 2005
• Answer filedNov 15, 2005
• Hearing heldApr 4, 2006
• Decision dateJul 7, 2006

Cite For

• Financial Responsibility Under Guideline F
• Failure to Report Debts Under Guideline E
• Impact of Learning Disabilities on Security Clearance Evaluations