Summary
A 41-year-old federal contractor employee and mother of three was evaluated for a security clearance, facing concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons detailed several financial delinquencies as of July 17, 2006, including credit card debts of $7,346, $7,811, $10,699, and $4,192, all charged off between May and December 2003. Additional debts included $63 for cable television from January 2005 and $5,800 for an automobile, charged off in June 2005.
A key concern under Personal Conduct was an incorrect "No" response to Question 22(b) on a public trust questionnaire (SF 85P), executed January 29, 2004, and reaffirmed March 22, 2005. This answer failed to disclose the four aforementioned credit card debts, which were over 180 days delinquent at the time.
The applicant successfully mitigated these concerns. She reduced her total indebtedness by 75% over two years, demonstrating a good-faith effort to resolve her debts with legal assistance. The judge found she did not deliberately falsify her questionnaire response, but rather misunderstood the question. Based on these mitigating factors, the applicant was granted eligibility for a sensitive position.
Why the applicant prevailed
- The applicant reduced her total indebtedness by 75% over two years.
- She demonstrated a good-faith effort to resolve her debts with the assistance of a law firm.
- The applicant did not deliberately falsify her questionnaire response, as she misunderstood the question.
Conditions referenced
- FC DC 1raisedA History of Not Meeting Financial Obligations
- FC DC 3raisedInability or Unwillingness to Satisfy Debts
- PC DC 2raisedThe Deliberate Omission, Concealment or Falsification of Relevant and Material Facts
- FC MC 3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- FC MC 6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Bad Debts
Key rule quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make a determination whether or not a person is eligible for an ADP I/II/III position.”
Procedural posture
- SOR issuedAug 22, 2006
- Answer filedSep 14, 2006Requested decision without a hearing.
- Hearing held—
- Decision dateDec 29, 2006
Cite for
- Mitigation of Financial Concerns Under Guideline F Due to Personal Circumstances
- Understanding of Questionnaire Responses in Light of Personal Hardships
- Application of the Whole Person Concept in Security Clearance Determinations