ISCR Case 18-00952

Case Headnote

ISCR Case No. 18-00952

grantedFeb 12, 2019· Hon. Jennifer I. Goldstein· hearing

Summary

A 47-year-old male applicant was granted national security eligibility despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons detailed several financial delinquencies, including a 2015 federal tax lien for $36,130, a charged-off credit union account for $20,939, and another charged-off account for $1,621. Additional debts included a $165 telecommunications collection account, $5,032 in delinquent homeowner association fees, a $17,721 judgment from September 2010, $7,759 in delinquent child support, and a $656 collection account. These issues raised disqualifying conditions under Adjudicative Guidelines ¶ 19(a), ¶ 19(c), and ¶ 19(f).

However, the decision applied mitigating conditions under Adjudicative Guidelines ¶ 20(b), ¶ 20(d), and ¶ 20(g). The applicant successfully demonstrated that his financial difficulties were largely attributable to circumstances beyond his control, specifically unemployment and divorce.

Crucially, he provided evidence of consistent payments on his debts since 2016, indicating a serious and ongoing commitment to resolving his financial obligations as funds become available. Based on these mitigating factors and his demonstrated efforts, the applicant's security clearance was granted.

Why the Applicant Prevailed

The applicant's financial issues were largely due to circumstances beyond his control, including unemployment and divorce.
He has made consistent payments on his debts since 2016, demonstrating a commitment to resolving his financial obligations.
The applicant provided evidence of a serious intent to resolve his debts as funds allow.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns

Mitigating

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 ultimate determination of whether to grant national security eligibility must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”

Procedural Posture

SOR issuedApr 9, 2018
Answer filedMay 2, 2018
Hearing held—Decision based on administrative record.
Decision dateFeb 12, 2019

Cite For

Mitigation of Financial Concerns Under Guideline F
Impact of Circumstances Beyond Control on Financial Obligations
Good-faith Efforts to Resolve Debts as a Mitigating Factor

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant had a Federal tax lien entered against him in 2015 for delinquent taxes from unstated years in the amount of $36,130. $36,130	For Applicant	Tax Unpaid	Denied	—	—	Claimed Other
1.b	Applicant was indebted to a credit union on a charged-off account in the amount of $20,939. $20,939	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full
1.c	Applicant was indebted on a charged-off account in the amount of $1,621. $1,621	For Applicant	Unspecified Financial	Admitted	—	—	Claimed Payment Plan with Creditor
1.d	Applicant was indebted on a collection account owed to a telecommunications service provider in the amount of $165. $165	For Applicant	Unspecified Financial	Admitted	—	—	Claimed Other
1.e	Applicant was delinquent on a home-owners association fee related to this property, totaling $5,032. $5,032	For Applicant	Unspecified Financial	Unknown	—	—	—
1.f	Applicant was delinquent on a judgment filed against him in September 2010 in the amount of $17,721. $17,721	For Applicant	Judgment Against Applicant	Admitted	—	—	Claimed Other
1.g	Applicant was delinquent on his child support obligation in the amount of $7,759. $7,759	For Applicant	Child Support Debt	Admitted	—	—	Claimed Other
1.h	Applicant was delinquent on a collection account in the amount of $656. $656	For Applicant	Unspecified Financial	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant had a Federal tax lien entered against him in 2015 for delinquent taxes from unstated years in the amount of $36,130.

$36,130

For Applicant

Tax Unpaid

Denied

—

Claimed

Other

1.b

Applicant was indebted to a credit union on a charged-off account in the amount of $20,939.

$20,939

For Applicant

Unspecified Financial

Admitted

—

Documented

Debt Paid in Full

1.c

Applicant was indebted on a charged-off account in the amount of $1,621.

$1,621

For Applicant

Unspecified Financial

Admitted

—

Claimed

Payment Plan with Creditor

1.d

Applicant was indebted on a collection account owed to a telecommunications service provider in the amount of $165.

$165

For Applicant

Unspecified Financial

Admitted

—

Claimed

Other

1.e

Applicant was delinquent on a home-owners association fee related to this property, totaling $5,032.

$5,032

For Applicant

Unspecified Financial

Unknown

—

1.f

Applicant was delinquent on a judgment filed against him in September 2010 in the amount of $17,721.

$17,721

For Applicant

Judgment Against Applicant

Admitted

—

Claimed

Other

1.g

Applicant was delinquent on his child support obligation in the amount of $7,759.

$7,759

For Applicant

Child Support Debt

Admitted

—

Claimed

Other

1.h

Applicant was delinquent on a collection account in the amount of $656.

$656

For Applicant

Unspecified Financial

Denied

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION