Summary
A 41-year-old female applicant was granted a security clearance despite initial concerns under Guideline F (Financial Considerations) regarding $24,631.38 in delinquent debts. The Statement of Reasons cited three specific debts: $7,121.38 in unpaid income taxes for the 2013 and 2014 tax years, and a delinquent credit card account totaling $17,510. These issues raised disqualifying conditions 19(a), 19(c), and 19(f).
However, the judge found that the applicant's financial difficulties were primarily due to circumstances beyond her control, such as job loss and family obligations. She demonstrated proactive efforts to resolve these issues, including establishing repayment plans for her debts.
Mitigating conditions 20(a), 20(b), 20(d), and 20(g) were applied. The judge concluded that the applicant's current financial situation is sound, with no new delinquencies, and that she had demonstrated reliability and trustworthiness. Consequently, the security clearance was granted.
Why the Applicant Prevailed
- The applicant's financial problems were largely due to circumstances beyond her control.
- She took significant steps to resolve her debts, including establishing repayment plans.
- The applicant's current financial situation is sound, with no new delinquencies reported.
Conditions Referenced
- 19(a)raisedInability to Satisfy Debts
- 19(c)raisedA History of Not Meeting Financial Obligations
- 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required
- 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
- 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control and the Individual Acted Responsibly Under the Circumstances
- 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- 20(g)appliedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount Owed and Is in Compliance with Those Arrangements
Key Rule Quoted
“Each security clearance decision must be a fair, impartial, and commonsense determination based on examination of all available relevant and material information, and consideration of the pertinent criteria and adjudication policy in the adjudicative guidelines.”
Procedural Posture
- SOR issuedJun 29, 2018
- Answer filed—
- Hearing heldDec 12, 2018
- Decision dateMar 14, 2019
Cite For
- Mitigation of Financial Issues Under Guideline F
- Impact of Circumstances Beyond Control on Financial Obligations
- Good-faith Efforts to Resolve Debts as a Mitigating Factor