Summary
A 57-year-old information system security officer's security clearance, previously contested for revocation, was ultimately granted. The case centered on Guideline F (Financial Considerations), specifically an allegation concerning a past-due mortgage loan of approximately $18,000 on a residential investment property, referred to as the Lincoln Street property. The applicant admitted this allegation.
Disqualifying conditions under AG ¶ 19(a), AG ¶ 19(b), and AG ¶ 19(c) were initially raised. However, the decision to grant the clearance was based on several mitigating factors, including the application of AG ¶ 20(a), AG ¶ 20(b), and AG ¶ 20(d).
The applicant provided evidence that the mortgage loan was resolved through foreclosure. The financial difficulties were largely attributed to circumstances beyond his control, such as the bursting of the real estate bubble. Furthermore, the applicant demonstrated a good-faith effort to resolve his financial issues over time and maintained a stable current financial status, leading to the favorable decision to grant him access to classified information.
Why the Applicant Prevailed
- The applicant provided evidence of mitigating circumstances surrounding his financial issues, including the foreclosure of the mortgage loan.
- The applicant's financial problems were largely due to circumstances beyond his control, such as the bursting of the real estate bubble.
- The applicant demonstrated a good-faith effort to resolve his financial issues over time.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- 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
- AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“It is well-established law that no one has a right to a security clearance.”
Procedural Posture
- SOR issuedFeb 13, 2018
- Answer filedMar 26, 2018
- Hearing heldOct 10, 2018Applicant appeared pro se.
- Decision dateFeb 28, 2019
Cite For
- Mitigating Circumstances Under Guideline F for Financial Considerations
- Good-faith Efforts to Resolve Financial Issues
- Impact of External Factors on Financial Stability