Summary
The applicant, a 47-year-old lab manager employed by a defense contractor, faced financial difficulties primarily due to medical expenses and family obligations. He demonstrated responsible behavior in addressing his debts and has been granted eligibility for a security clearance under Guideline F (Financial Considerations). The judge found that the applicant's past financial issues do not reflect on his current reliability and trustworthiness.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant has a delinquent debt of $11,065 for medical expenses that has been charged off (1.a). Applicant has a delinquent debt of $304 for a student loan (1.b). Applicant has a delinquent debt of $386 for a student loan (1.c). Applicant has a delinquent debt of $153 for a student loan (1.d). Applicant has a delinquent debt of $3,362 for a credit account with a computer company (1.e). Applicant has a delinquent debt of $2,091 for a personal loan (1.f). Applicant has a delinquent debt of $1,901 for a personal loan (1.g). Applicant denies the $1,243 debt for tuition that was resolved in 2014 (1.h). No additional allegations (1.i).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant's financial difficulties were largely due to circumstances beyond his control, including medical expenses and family obligations; He has made significant efforts to resolve his debts, including entering repayment agreements with creditors; The applicant has not incurred any recent delinquent debts and currently lives within his means.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to circumstances beyond his control, including medical expenses and family obligations.
- He has made significant efforts to resolve his debts, including entering repayment agreements with creditors.
- The applicant has not incurred any recent delinquent debts and currently lives within his means.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control and the Individual Acted Responsibly Under the Circumstances
- AG ¶ 20(d)appliedIndividual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt Which Is the Cause of the Problem
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant’s meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedFeb 12, 2018
- Answer filedFeb 28, 2018
- Hearing heldApr 3, 2019
- Decision dateMay 20, 2019
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Good-faith Efforts to Resolve Debts
- Consideration of the Whole-person Concept in Security Clearance Determinations