Summary
The applicant, a 31-year-old woman employed by a Department of Defense contractor, faced trustworthiness concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to 14 delinquent debts totaling approximately $24,771 and a prior drug arrest. Despite entering a debt repayment agreement, the judge found insufficient evidence of financial rehabilitation and noted deliberate omissions in the applicant's trustworthiness application. Consequently, the applicant's eligibility for a sensitive position was denied.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant deliberately failed to list her September 10, 2004, arrest for CDS: Import 5 - 45 Kilo Marijuana in response to question 16 (2.a). Applicant did not list her delinquent debts that were over 180 days old in response to question 20 (2.b). $940 telephone account placed for collection in September 2000 (1.a). $806 account that was charged off in December 2001 (1.b). $351 delinquent cell phone account placed for collection in April 2002 (1.c). $9,687 judgment entered against Applicant in July 2003 (1.d). $93 account placed for collection in July 2003 (1.e). $475 medical account placed for collection in August 2003 (1.f). $1,186 judgment entered against Applicant in April 2004 (1.g). $1,600 account placed for collection in September 2004 (1.h). $75 account placed for collection in December 2004 (1.i). $75 account placed for collection in December 2004 (1.j). $239 account charged off in January 2005 (1.k). $8,872 account charged off in April 2005 (1.l). $242 satellite television account placed for collection in October 2005 (1.m). $130 medical account placed for collection in March 2006 (1.n).
The judge denied the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3, E2.A5.1.2.2. The decision turned on the following: The applicant incurred 14 delinquent debts totaling approximately $24,771, raising trustworthiness concerns under financial considerations; The applicant deliberately omitted her delinquent debts and a drug arrest from her trustworthiness application, indicating a lack of candor; The applicant's actions to address her debts were deemed insufficient and too recent to demonstrate financial rehabilitation.
Why the applicant was denied
- The applicant incurred 14 delinquent debts totaling approximately $24,771, raising trustworthiness concerns under financial considerations.
- The applicant deliberately omitted her delinquent debts and a drug arrest from her trustworthiness application, indicating a lack of candor.
- The applicant's actions to address her debts were deemed insufficient and too recent to demonstrate financial rehabilitation.
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
Key rule quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural posture
- SOR issuedAug 22, 2006
- Answer filedAug 31, 2006Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateMar 29, 2007Remand decision incorporating additional documents.
Cite for
- Trustworthiness Concerns Due to Financial Irresponsibility Under Guideline F
- Deliberate Omission of Material Facts Under Guideline E
- Insufficient Evidence of Financial Rehabilitation After Entering a Debt Repayment Agreement