Summary
The applicant, a 32-year-old male with a bachelor's degree, faced trustworthiness concerns under Guideline F due to financial issues totaling approximately $37,890. The administrative judge found that the applicant's financial difficulties were largely due to circumstances beyond his control, including medical conditions and unemployment, and he demonstrated good faith efforts to resolve his debts. Consequently, the applicant's eligibility for access to sensitive information in a public trust position was granted.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Delinquent student loans in the approximate amount of $11,971 (1.a). Delinquent debt for $2,181 for a student loan issued by a bank (1.b). Delinquent debt for $1,427 that has been satisfied with one final payment of $382 (1.c). Credit-card debt placed for collection in the amount of $587 (1.d). Disputed debt of $14,076 which is a duplicate of another debt (1.e). Past-due debt for $8,307 that has been satisfied (1.f). Delinquent debt totaling $51,966 (1.g).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant demonstrated good faith efforts to resolve debts through a credit-repair agency; Financial issues were largely due to circumstances beyond the applicant's control, such as medical conditions and unemployment; The applicant successfully satisfied or disputed several debts alleged in the SOR.
Why the Applicant Prevailed
- The applicant demonstrated good faith efforts to resolve debts through a credit-repair agency.
- Financial issues were largely due to circumstances beyond the applicant's control, such as medical conditions and unemployment.
- The applicant successfully satisfied or disputed several debts alleged in the SOR.
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(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(c)appliedReceived Financial Counseling From a Legitimate Source
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)appliedReasonable Basis to Dispute Legitimacy of Past-due Debt
Key Rule Quoted
“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural Posture
- SOR issuedSep 21, 2018
- Answer filedOct 16, 2018
- Hearing heldDec 6, 2018
- Decision dateJan 24, 2019
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Impact of Circumstances Beyond Control on Financial Issues
- Good Faith Efforts in Resolving Debts as a Mitigating Factor