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ISCR Case 19-01008 — CASE

Case record

ISCR Case 19-01008

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

Case Profile
Decision Date9/27/2019
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Noreen A. Lynch
Government Counsel: Mary Margaret Foreman
Case Summary
September 2019, the applicant, a 34-year-old individual sponsored for employment with a federal contractor, faced security concerns under Guideline F (Financial Considerations) due to six delinquent debts totaling approximately $33,862. The Department of Defense Consolidated Adjudications Facility issued a Statement of Reasons (SOR) citing these financial issues, which the applicant admitted, noting that he had resolved two of the accounts.
The applicant's financial difficulties began in 2015 when he lost his job shortly before the birth of his first child. He remained unemployed until 2017, during which time he utilized his savings to cover expenses. Upon returning to work, he earned a significantly lower salary, which led to further financial strain. He provided evidence of efforts to address his debts, including prioritizing his mortgage, which he brought current, and negotiating repayment plans for other debts. Despite these efforts, the applicant did not provide evidence of financial counseling and faced challenges with some payment agreements.
The administrative judge ruled in favor of granting the applicant eligibility for a security clearance, concluding that the applicant's financial issues were largely due to circumstances beyond his control, such as unexpected unemployment and medical expenses. The judge noted the applicant's proactive steps to resolve his debts and his current stable employment, which indicated a likelihood of improved financial management in the future.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
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Case Headnote

ISCR Case No. 19-01008

grantedSep 27, 2019· Hon. Noreen A. Lynch· hearing

Summary

In ISCR Case No. 19-01008, a 34-year-old applicant was granted eligibility for access to classified information despite concerns under Guideline F (Financial Considerations). The Statement of Reasons (SOR) alleged six delinquent debts totaling approximately $33,862, including collection accounts and charged-off accounts with a bank. One collection account for $352 was resolved, and for another charged-off credit account of $7,061, the applicant established a repayment agreement.

The applicant admitted to the debts, attributing them to financial difficulties stemming from unemployment and family medical issues. The judge found that these circumstances were largely beyond the applicant's control. Disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a) and ¶ 19(c) were raised.

However, mitigating conditions under AG ¶ 20(b) and ¶ 20(d) were applied. The applicant demonstrated a proactive approach to resolving his debts, prioritizing mortgage payments, and negotiating with creditors. He incurred no new debts since obtaining employment and made significant payments toward existing obligations. The judge concluded that granting the clearance was consistent with national security interests.

Why the Applicant Prevailed

The applicant demonstrated a proactive approach to resolving debts, including prioritizing mortgage payments and negotiating with creditors.
The applicant's financial difficulties were largely due to circumstances beyond his control, such as unexpected unemployment and family medical issues.
The applicant had no new debts incurred since obtaining employment and had made significant payments towards resolving existing debts.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(b)appliedConditions Largely Beyond the Person's ControlThe applicant's financial issues were exacerbated by unexpected unemployment and family medical issues.
AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue CreditorsThe applicant initiated and adhered to a repayment plan for overdue debts.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedApr 17, 2019
Answer filed—
Hearing held—Decided on the written record.
Decision dateSep 27, 2019

Cite For

Mitigating Conditions Under Guideline F Due to Financial Difficulties
Proactive Measures Taken to Resolve Delinquent Debts
Impact of Personal Circumstances on Financial Obligations

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 F · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant had several delinquent debts totaling approximately $33,862, but ruled in favor of the applicant on all allegations under Guideline F. The applicant demonstrated a commitment to resolving his financial issues and provided evidence of efforts to manage his debts responsibly, leading to the decision to grant his security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	The SOR alleges six delinquent debts that amount to approximately $33,862. $33,862	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full Claimed Payment Plan with Creditor Claimed Other
1.b	SOR allegation ¶ 1.b is a collection account with a bank. $10,844	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Payment Plan with Creditor Claimed Other
1.c	As to SOR allegation ¶ 1.c, a charged-off account in the amount of $8,303, and as noted in SOR ¶ 1.d this is the same bank that he is working with. $8,303	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Payment Plan with Creditor Claimed Other
1.d	SOR allegation ¶1.d is a charged-off account in the amount of $7,654. $7,654	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Payment Plan with Creditor Claimed Other
1.e	As to SOR allegation ¶ 1.e, a charged-off credit account in the amount of $7,061, Applicant set a repayment agreement and provided a copy. $7,061	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Payment Plan with Creditor Claimed Other
1.f	SOR allegation ¶1.f, a collection account for $352, has been resolved. $352	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full

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Full decision

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