Summary
A 36-year-old defense contractor employee was granted a security clearance for an ADP I/II/III position despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The Statement of Reasons (SOR) detailed multiple delinquent debts, including a gas bill referred for collection in April 2001, a telephone bill in August 2001, and medical services debt in November 2001. Other debts included a repossessed van loan settled for $1,400, various credit card debts, and a loan initiated by her husband. Additionally, she had delinquent student loans placed in default in April 2005 and a store credit card delinquent as of March 2005. One debt for dental services, initially believed to be covered by insurance, was paid in full.
The SOR also alleged that the applicant falsified her Pre-employment Transition Program Application (PTPA) by denying any debts delinquent over 180 days, which DOHA considered a violation of 18 U.S.C. § 1001. The applicant denied this allegation.
Ultimately, the clearance was granted because the applicant successfully demonstrated that her financial difficulties were largely beyond her control, stemming from her husband's abandonment and lack of support. She paid all but one of her delinquent debts and established a payment plan for her student loans, showing a commitment to resolving her financial issues and maintaining a sound financial footing.
Why the applicant prevailed
- The applicant paid all but one of her delinquent debts and established a payment plan for her student loans.
- The applicant's financial difficulties were largely due to her husband's abandonment and refusal to provide support.
- The applicant demonstrated a commitment to resolving her financial issues and maintaining a sound financial footing.
Conditions referenced
- DC 1raisedFinancial Considerations
- DC 3raisedFinancial Considerations
- DC 2raisedPersonal Conduct
- DC 1raisedCriminal Conduct
- MC 3appliedFinancial ConsiderationsThe applicant's financial difficulties were largely beyond her control.
- MC 6appliedFinancial ConsiderationsThe applicant made a good-faith effort to repay overdue creditors.
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 issuedAug 21, 2006
- Answer filedUndated
- Hearing heldDec 13, 2006with consent of the parties
- Decision dateDec 31, 2006
Cite for
- Mitigation of Financial Issues Due to Circumstances Beyond Control
- Good-faith Efforts to Resolve Debts
- Negligence in Financial Disclosures Not Constituting Deliberate Falsification Under Guideline E and J