Summary
A 41-year-old automotive painter with three children sought a security clearance despite having nine delinquent debts totaling approximately $57,579, primarily due to financial difficulties stemming from a divorce. The Statement of Reasons (SOR) detailed eight delinquent debts, ranging from $753 to $17,483, which the applicant stated would be included in his Chapter 7 Bankruptcy petition. Additionally, the SOR noted a delinquent child support debt, initially $15,083, which the applicant clarified was being paid via court-ordered garnishment, with a balance of $5,405.49 as of August 24, 2018, and expected to be paid off after tax year 2018. A $700 federal tax debt from 2013 was also cited but had been paid off through intercepted 2017 state tax refunds.
The judge considered Guideline F (Financial Considerations) and found that the applicant had mitigated the financial concerns. This was primarily due to his Chapter 7 Bankruptcy filing, which addressed most of the delinquent debts. He also demonstrated good faith efforts to resolve his financial issues by consistently paying child support through garnishment and settling his federal tax debt.
Letters of recommendation further supported the applicant's case, highlighting his reliability and professionalism despite personal hardships. Based on these factors, the judge concluded that the applicant had demonstrated reliability and good judgment, and the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant initiated a Chapter 7 Bankruptcy to address his delinquent debts.
- He provided evidence of good faith efforts to resolve his financial issues, including paying child support and taxes.
- Letters of recommendation highlighted his reliability and professionalism despite personal hardships.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Tax Returns
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(g)appliedArrangements with Tax Authority
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 13, 2018
- Answer filedSep 4, 2018
- Hearing held—Decided on written record.
- Decision dateJun 21, 2019
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Personal Circumstances
- Good Faith Efforts in Resolving Debts Through Bankruptcy
- Consideration of the Whole-person Concept in Security Clearance Decisions