Summary
A 30-year-old unmarried male defense contractor employee was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons alleged four delinquent debts and a falsified trustworthiness application for not disclosing a June 1996 shoplifting arrest.
Regarding financial concerns, the applicant had a $3,777 credit card debt, charged off in April 2002, which he settled for $1,133.32 on November 3, 2006. He also settled a $929.50 debt to an appliance retailer for $500. A $9,357 credit card debt was settled for $3,054.99, with funds borrowed from his father via a promissory note. Finally, a $793 state tax lien, filed in April 2004 due to insufficient tax deductions from prior employment and unemployment benefits, was fully paid through garnishment.
The clearance was granted because all delinquent debts were paid in full or settled before the hearing, and his financial difficulties were attributed to circumstances beyond his control, including unemployment. Furthermore, the applicant did not falsify his application, as the June 1996 arrest occurred outside the required disclosure period.
Why the Applicant Prevailed
- Applicant paid all delinquent debts in full or by settlement before the hearing.
- The applicant's financial difficulties were due to circumstances beyond his control, including unemployment.
- The applicant did not falsify his trustworthiness application as the arrest was outside the required disclosure period.
Conditions Referenced
- E2.A6.1.2.1raisedDC 1: A History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedDC 3: Inability or Unwillingness to Satisfy Debts
- E2.A6.1.3.3appliedMC 3: Conditions Resulting in the Behavior Were Beyond the Applicant's Control Because of Unemployment
- E2.A6.1.3.6appliedMC 6: Applicant Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person's loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural Posture
- SOR issuedMay 1, 2006
- Answer filedMay 17, 2006
- Hearing heldNov 1, 2006
- Decision dateDec 29, 2006
Cite For
- Mitigation of Financial Considerations Under Guideline F Due to Repayment Efforts
- Clarification of Personal Conduct Issues Related to Prior Arrests
- Whole Person Analysis in Trustworthiness Determinations