Summary
The applicant, a 39-year-old woman with two children, faced security concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct) due to four delinquent debts primarily resulting from two divorces and inadequate financial support from former spouses. Despite receiving financial counseling and paying one debt, the applicant deliberately failed to disclose her delinquent debts on her security clearance application. The judge found that while some mitigating factors were present, they did not sufficiently address the applicant's personal conduct issues, leading to a denial of her eligibility for an ADP I/II/III position.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant deliberately failed to disclose her delinquent debts on her Questionnaire for Public Trust Positions (Standard Form (SF) 85P) (2.a). $2,353 Bank card debt-Apr. 2000 (1.a). $2,034 Credit company debt-Aug. 2000 (1.b). $28,495 Credit and mortgage company debt (actually $18,502) -May 2002 (1.c). $154 Credit bureau debt-Paid (1.d). Applicant deliberately failed to disclose her delinquent debts on her Questionnaire for Public Trust Positions (Standard Form (SF) 85P) (3.a).
The judge denied the clearance. The government raised disqualifying conditions FC DC 1, FC DC 3, PC DC 1. The judge applied mitigating conditions FC MC 1, FC MC 2, FC MC 3. The decision turned on the following: The applicant deliberately failed to disclose delinquent debts on her security clearance application; The applicant's financial issues were exacerbated by personal conduct that raised security concerns; Mitigating factors regarding financial considerations did not sufficiently address the applicant's personal conduct issues.
Why the Applicant Was Denied
- The applicant deliberately failed to disclose delinquent debts on her security clearance application.
- The applicant's financial issues were exacerbated by personal conduct that raised security concerns.
- Mitigating factors regarding financial considerations did not sufficiently address the applicant's personal conduct issues.
Conditions Referenced
- FC DC 1raisedA History of Not Meeting Financial Obligations
- FC DC 3raisedInability or Unwillingness to Satisfy Debts
- PC DC 1raisedDeliberate Omission of Information From a Security Clearance Application
- FC MC 1rejectedThe Behavior Was Not RecentThe applicant's debts remained unpaid for several years.
- FC MC 2rejectedIt Was an Isolated IncidentThe applicant had multiple debts and a history of financial irresponsibility.
- FC MC 3rejectedConditions That Resulted in the Behavior Were Largely Beyond the Person's ControlThe applicant's financial issues were linked to personal conduct and choices.
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 8, 2006
- Answer filedJun 27, 2006Notarized response to SOR allegations.
- Hearing heldNov 3, 2006Record was held open for additional evidence.
- Decision dateFeb 21, 2007
Cite For
- Deliberate Omission of Financial Obligations Under Guideline E
- Financial Irresponsibility as a Disqualifying Condition Under Guideline F
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline J