Summary
A 64-year-old veteran and security guard was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited multiple financial issues, including a cable bill, several medical bills, a credit card debt, other consumer debt, and child support obligations. Disqualifying conditions related to personal conduct and financial considerations were initially raised.
However, the judge found that the applicant's financial difficulties were largely due to circumstances beyond his control, such as job loss and reduced income. The applicant demonstrated that he was current on child support payments and had made efforts to resolve his other outstanding debts.
Crucially, the judge determined that the applicant did not intentionally falsify his security clearance application. Mitigating conditions related to personal conduct were applied, leading to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant is current on child support payments and has made efforts to pay outstanding debts.
- The applicant's financial difficulties were largely due to circumstances beyond his control, including job loss and reduced income.
- The applicant did not intentionally falsify his security clearance application answers.
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
- E2.A6.1.3.1appliedThe Behavior Was Not Recent
- E2.A6.1.3.3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedFeb 17, 2006
- Answer filedMar 17, 2006
- Hearing heldMay 23, 2006
- Decision dateJul 27, 2006
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Non-intentional Omissions on Security Clearance Applications Under Guideline E
- Good Faith Efforts to Resolve Debts as a Mitigating Factor