Summary
The applicant, a 53-year-old office assistant for a defense contractor, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to a Chapter 7 Bankruptcy and alleged financial delinquencies. The applicant demonstrated that her financial issues were largely due to her husband's infidelity and subsequent separation, and she has made significant efforts to address her debts, including disputing some medical bills. The judge found that the applicant mitigated the security concerns and granted the security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: ADVERSE JUDGMENT FOR $465 (1.b). COLLECTION ACCOUNT FOR APPROXIMATELY $782 (1.c). COLLECTION ACCOUNT WITH CABLE COMPANY FOR APPROXIMATELY $465 (1.d). COLLECTION ACCOUNT WITH CABLE COMPANY FOR APPROXIMATELY $221 (1.e). MEDICAL COLLECTION ACCOUNT FOR APPROXIMATELY $224 (1.f). MEDICAL COLLECTION ACCOUNT FOR APPROXIMATELY $2,218 (1.g). COLLECTION ACCOUNT WITH BANK FOR $297 (1.h). MEDICAL COLLECTION ACCOUNT FOR APPROXIMATELY $707 (1.i). MEDICAL COLLECTION ACCOUNT FOR APPROXIMATELY $50 (1.j).
The judge granted the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3. 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 largely due to circumstances beyond her control, including her husband's infidelity and health issues; The applicant has made good-faith efforts to repay debts and has disputed medical bills that were not processed by her insurer; The applicant's answers on the SF-86 were not found to be intentionally misleading, as she was unaware of the full extent of her debts.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to circumstances beyond her control, including her husband's infidelity and health issues.
- The applicant has made good-faith efforts to repay debts and has disputed medical bills that were not processed by her insurer.
- The applicant's answers on the SF-86 were not found to be intentionally misleading, as she was unaware of the full extent of her debts.
Conditions Referenced
- E2.A6.1.2.1raisedFC DCA history of not meeting financial obligations.
- E2.A6.1.2.3raisedFC DCInability or unwillingness to satisfy debts.
- E2.A6.1.3.3appliedFC MCThe conditions that resulted in the behavior were largely beyond the person's control.
- E2.A6.1.3.6appliedFC MCThe individual initiated a good-faith effort to repay overdue creditors or otherwise resolve debts.
Key Rule Quoted
“"A falsification must be deliberate and material. It is deliberate if it is done knowingly and willfully."”
Procedural Posture
- SOR issuedJan 17, 2006
- Answer filedFeb 28, 2006Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateSep 29, 2006
Cite For
- Mitigation of Financial Concerns Due to Personal Circumstances
- Good-faith Efforts to Resolve Debts
- Non-intentional Inaccuracies in Security Clearance Applications