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ISCR Case 18-01873 — CASE

Case record

ISCR Case 18-01873

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

Case Profile
Decision Date3/15/2019
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert J. Kilmartin
Government Counsel: Michelle P. Tilford
Case Summary
The applicant in this case was a 56-year-old male with a background in the U.S. Navy, where he served honorably and held various security clearances. He faced security concerns under Guideline F, related to financial considerations, and Guideline B, concerning foreign influence, as outlined in the Statement of Reasons (SOR). The SOR alleged delinquent debts totaling approximately $28,537, including a child-support arrearage, which the applicant denied, asserting that he had paid all required child support directly to his ex-wife.
During the proceedings, the applicant admitted to having previously owed most of the debts but demonstrated that he had resolved all but two of them. He provided evidence of his efforts to settle these debts, including payments made and agreements reached with creditors. The applicant also explained that his financial difficulties stemmed from his ex-wife's misuse of a power of attorney, which led to significant credit card debt. Regarding the foreign influence concerns, he testified about his cohabitation with a Chinese national, who was in the process of applying for U.S. citizenship, and asserted that she had no ties to the Chinese government.
The administrative judge ruled in favor of the applicant, concluding that he had sufficiently mitigated the security concerns under both Guideline F and Guideline B. The judge found the applicant's testimony credible and noted his proactive steps to address his financial issues, as well as the lack of evidence supporting the foreign influence allegations. Consequently, the applicant's eligibility for access to classified information was granted.
Guidelines Evaluated
- Guideline BForeign Influence · For Applicant
- Guideline FFinancial Considerations · For Applicant
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Case Headnote

ISCR Case No. 18-01873

grantedMar 15, 2019· Hon. Robert J. Kilmartin· hearing

Summary

A 56-year-old former U.S. Navy Chief Warrant Officer was granted a security clearance after review under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). The Statement of Reasons alleged delinquent debts totaling $28,537 and a Chapter 7 bankruptcy petition filed in 2014 that was dismissed three months later.

Disqualifying conditions under both guidelines were raised, but mitigating conditions were applied. The applicant resolved most of his delinquent debts, providing credible evidence and documentation of his financial stability and repayment plans. This demonstrated responsible financial behavior.

Additionally, the applicant's relationship with a Chinese national was assessed. It was determined to be manageable, with no evidence of coercion or conflict of interest. Based on these factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant resolved most of his delinquent debts, demonstrating responsible financial behavior.
He provided credible evidence and documentation supporting his financial stability and repayment plans.
The relationship with a Chinese national was assessed and found manageable, with no evidence of coercion or conflict of interest.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(b)raisedUnwillingness to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
AG ¶ 7(a)raisedContact with a Foreign Family Member
AG ¶ 7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest
AG ¶ 7(e)raisedShared Living Quarters with a Foreign National

Mitigating

AG ¶ 20(a)appliedBehavior Occurred Long Ago or Infrequently
AG ¶ 20(b)appliedConditions Beyond the Person's Control
AG ¶ 20(c)appliedReceived Financial Counseling
AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
AG ¶ 20(e)rejectedReasonable Basis to Dispute Legitimacy of Debt
AG ¶ 8(a)appliedNature of Relationships Unlikely to Create Conflict of Interest
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedSep 26, 2018
Answer filedFeb 17, 2018
Hearing heldFeb 26, 2019
Decision dateMar 15, 2019

Cite For

Mitigation of Financial Concerns Under Guideline F Due to Responsible Behavior
Assessment of Foreign Influence Under Guideline B with a Manageable Relationship
Importance of Credible Evidence in Demonstrating Financial Stability and Resolution of Debts

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

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found in favor of the applicant regarding the foreign influence concerns under Guideline B. The applicant's ties to a foreign national were considered, but the judge concluded that these ties did not pose a security risk, leading to a decision to grant the applicant's eligibility for access to classified information.

Country conditions:the decision took administrative notice of official facts about the foreign country (the Government’s country submission).

U.S. ties the decision noted: U.S. Military or Government Service · Intent to Remain in U.S.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant had delinquent debts totaling $28,537, including a Chapter 7 bankruptcy petition that was dismissed. However, the applicant resolved most of the debts and provided evidence of settlement or payment plans for all but two debts, leading to a decision in favor of the applicant under Guideline F.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Delinquent debts totaling $28,537 plus a Chapter 7 bankruptcy petition filed in 2014 that was dismissed three months later. $28,537	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full

Descriptive standardized rendering of a decided public case (Guideline F). The verbatim source decision is shown in full below.

Full decision

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