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A decided public DOHA case, shown for research, not advice or a prediction.

ISCR Case No. 18-01352

Granted

Decided Apr 29, 2019 · Administrative Judge Marc E. Curry · Hearing

Case headnote

Summary

The applicant, a retired Air Force officer, faced financial issues under Guideline F due to delinquent debts and tax filings. After obtaining employment and working with a financial counselor, he successfully mitigated these concerns. The judge granted security clearance based on the applicant's improved financial situation and compliance with tax obligations.

Why the applicant prevailed

  • The applicant obtained full-time employment with a significantly higher salary.
  • He satisfied all but two delinquent debts and is making regular payments on them.
  • The applicant filed all delinquent tax returns and is in compliance with a payment plan for his tax obligations.

Conditions referenced

Disqualifying

  • AG ¶ 19(a) Inability or unwillingness to satisfy debtsraised
  • AG ¶ 19(b) Delinquent debtsraised
  • AG ¶ 19(f) Failure to file annual income tax returnsraised

Mitigating

  • AG ¶ 20(a) The behavior was not recentapplied
  • AG ¶ 20(b) The conditions that resulted in the behavior were beyond the person's controlapplied
  • AG ¶ 20(c) The person has received counseling for the problemapplied
  • AG ¶ 20(d) The person has initiated a good-faith effort to repay overdue creditors or otherwise resolve debtsapplied
  • AG ¶ 20(g) The individual has a reasonable basis to expect to be able to satisfy debtsapplied

Key rule quoted

Procedural posture

SOR issued
Answer filed
Hearing held
Decision date
2019-04-29

Cite for

  • Mitigation of Financial Issues Under Guideline F
  • Impact of Employment on Financial Stability
  • Importance of Compliance with Tax Obligations in Security Clearance Cases

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

From the decision

Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.

Prior Clearance
held
Delinquent Usd
2800
Payment Plan
yes
Bankruptcy
none

Allegations under Guideline F

Reading the 8 per allegation rows needs a free account.

8 rows in this decision.

It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.

Descriptive standardized rendering of a decided public case. The verbatim source decision is below.

Full decision

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The complete official text, footnotes and signatures included, is in the original PDF.

Decision text, by section

Appearances

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS In the matter of: ) ) ) ISCR Case No. 18-01352 ) Applicant for Security Clearance ) Appearances 04/29/2019 For Government: Andrea Corrales, Esq., Department Counsel For Applicant: Jay Ian Igiel, Esq. ______________ Summary Disposition ______________ Curry, Marc E., Administrative Judge: Applicant retired from the Air Force in August 2011 after a 21-year career as an aircraft maintenance officer. He and his wife agreed that after retirement, he would not work, and instead, would stay home and watch their four children.1 (Tr. 25) Two years later, in September 2013, Applicant’s wife left him, leading to their subsequent divorce. When the separation occurred, Applicant was still a stay-at-home father, and was generating no income other than his monthly pension distribution. Unable to manage the upkeep of the home and the family’s other expenses on this limited income, Applicant sought employment, but it took a year before he was able to obtain a full-time job. (Tr. 27) During this time, Applicant’s debts became delinquent, and he fell behind on his federal and state income tax filings in 2015. After Applicant gained a job in June 2015, he began satisfying his delinquent debts. (Tr. 29) Currently, he has satisfied all of the debts in their entirety except those alleged in subparagraphs 1.a and 1.b, which he has been paying steadily in monthly increments. (AE 1 Applicant’s children consist of two from a previous marriage, and his wife’s two children whom he legally adopted after they married in 2007.

1 - AE 3; AE 24 - AE 25) He has filed his delinquent income tax returns, and is paying $100 monthly through an agreement with his state income tax authority for tax year 2016. The balance is $2,800. (AE 22) He owes no additional tax debts. (AE19 – AE 21)

Applicant’s current job, which he obtained in May 2018, pays an annual salary of $186,000, which constitutes $81,000 more than the salary he made previously. (Tr. 42) Applicant has between $2,000 to $3,000 of monthly discretionary income. Applicant has been working with a financial counselor since June 2018 to help him mange his financial affairs. (Ex. 16)

I conclude that the disqualifying conditions set forth in AG ¶¶ 19(a), 19(b) and 19(f) apply, and are mitigated by the mitigating conditions set forth in AG ¶¶ 20(a) through 20(d), and 20(g). Applicant mitigated the security concerns. Clearance is granted.

Formal Findings

Formal findings for or against Applicant on the allegations set forth in the SOR, as required by section E3.1.25 of Enclosure 3 of the Directive, are:

Paragraph 1, Guideline F:

FOR APPLICANT

Subparagraphs 1.a – 1.h:

For Applicant

Conclusion

In light of all of the circumstances presented by the record in this case, it is clearly consistent with the interests of national security to grant Applicant eligibility for a security clearance. Eligibility for access to classified information is granted.

_____________________ Marc E. Curry Administrative Judge