Summary
A 59-year-old laborer for a federal contractor was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons alleged the applicant owed $20,371 across ten delinquent or past-due debts. These included medical debts, a utility account, and a cable television account, on which the applicant had been making $100 monthly payments since April 2018. The applicant also disputed a delinquent cell phone account and had an unresolved debt from a repossessed car.
Disqualifying conditions AG ¶ 19(a) and AG ¶ 19(c) were raised. However, the judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d). The decision to grant the clearance was based on the applicant's demonstrated responsible actions to resolve debts, including consistent payments and negotiations.
The applicant's financial difficulties were largely attributed to circumstances beyond his control, specifically a divorce and unemployment. Furthermore, the applicant had not incurred new debts since 2016 and was prudently managing finances with his spouse. These factors led to the favorable outcome.
Why the Applicant Prevailed
- The applicant demonstrated responsible actions to resolve debts, including making payments and negotiating settlements.
- The applicant's financial issues were largely attributed to circumstances beyond his control, such as divorce and unemployment.
- The applicant has not incurred new debts since 2016 and manages finances prudently with his spouse.
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
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors
Key Rule Quoted
“A fair and commonsense assessment of the record evidence as a whole shows the security concerns raised by Applicant’s financial problems are mitigated.”
Procedural Posture
- SOR issuedMar 21, 2018
- Answer filed—
- Hearing heldNov 28, 2018
- Decision dateJan 3, 2019
Cite For
- Mitigation of Financial Issues Under Guideline F
- Consideration of Circumstances Beyond an Applicant's Control in Financial Cases
- Good-faith Efforts to Resolve Debts as a Mitigating Factor