Summary
A 38-year-old defense contractor employee and single parent of four 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) alleged that the applicant had a history of financial problems, including six delinquent debts totaling approximately $10,084, with the largest being a $7,212 debt from a repossessed car. The SOR also noted that the applicant failed to disclose these delinquent debts and did not explain why she was not receiving child support, which contributed to her financial difficulties that began in 2002 after her divorce.
However, the judge found that the applicant had not acquired any new debt since her financial difficulties began and had made efforts to clarify her accounts. Four of the delinquent debts were no longer on her credit report, suggesting they were resolved or errors. The judge determined that her financial difficulties were largely due to circumstances beyond her control, such as her divorce.
Ultimately, the applicant demonstrated efforts to address her delinquent debts and was not deemed vulnerable to coercion due to her financial situation. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated efforts to clarify and address her delinquent debts.
- Four of the delinquent debts were no longer on her credit report, indicating resolution or error.
- The applicant's financial difficulties were largely due to circumstances beyond her control, such as divorce.
Conditions Referenced
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- 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 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 issuedJul 15, 2006
- Answer filedAug 9, 2006Applicant elected to have her case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateMar 29, 2007
Cite For
- Mitigation of Financial Considerations Under Guideline F Due to Personal Circumstances
- Non-deliberate Omission of Financial Information Under Guideline E
- Consideration of the Whole Person Concept in Trustworthiness Determinations