Summary
A 44-year-old applicant was denied a security clearance for an ADP I/II/III position due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant had 29 debts totaling $22,659, which largely stemmed from personal hardships, including caring for her ill mother and unemployment after brain surgery. Specific allegations included a $155 jewelry debt with a partial payment, a $762 delinquent satellite television debt, and a $60 medical debt under a payment plan.
Disqualifying conditions were raised under Financial Considerations (FC DC 1, FC DC 3) and Personal Conduct (PC DC 2, PC DC 3). While mitigating conditions were applied under Financial Considerations (FC MC 3, FC MC 4, FC MC 6), they were insufficient to overcome the concerns.
The denial was based on the applicant's failure to demonstrate sufficient financial progress in eliminating her debts. Her financial issues were longstanding and, despite receiving financial counseling, were not adequately addressed. Although the applicant made erroneous statements on her SF 85Ps, these were not considered intentional deception; however, they did not mitigate the underlying financial concerns.
Why the Applicant Was Denied
- The applicant failed to demonstrate sufficient financial progress towards eliminating her debts.
- The applicant's financial issues were longstanding and not adequately addressed despite receiving counseling.
- The applicant's erroneous statements on SF 85Ps were not deemed intentional deception, but did not mitigate the financial concerns.
Conditions Referenced
- FC DC 1raisedA History of Not Meeting Financial Obligations
- FC DC 3raisedInability or Unwillingness to Satisfy Debts
- PC DC 2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- PC DC 3raisedDeliberately Providing False or Misleading Information
- FC MC 3appliedConditions That Resulted in the Behavior Were Largely Beyond the Person's ControlThe applicant's financial difficulties were exacerbated by personal circumstances such as unemployment and medical issues.
- FC MC 4appliedThe Person Has Received or Is Receiving Counseling for the Problem and There Are Clear Indications That the Problem Is Being Resolved or Is Under ControlThe applicant received financial counseling, indicating some effort to address her financial issues.
- FC MC 6rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsInsufficient evidence of good faith efforts to resolve debts was presented.
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 15, 2006
- Answer filedOct 16, 2006Notarized, sworn answer received.
- Hearing heldNov 30, 2006Record was held open for additional evidence.
- Decision dateJan 22, 2007
Cite For
- Insufficient Financial Progress Under Guideline F
- Impact of Personal Circumstances on Financial Obligations
- Misunderstanding in Financial Disclosures Under Guideline E