Summary
The applicant, a 40-year-old retired Navy chief petty officer, faced security concerns under Guideline F (Financial Considerations) due to several delinquent debts. He demonstrated efforts to resolve these debts, including settling credit card accounts and addressing a mortgage loan issue, which the judge found sufficient to mitigate the security concerns, resulting in a granted security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: military credit-card account past due for $39, with a total balance of $1,575 (1.a). credit-card account referred for collection of $1,020 (1.b). credit-card account referred for collection of $569 (1.c). credit-card account referred for collection of $448 (1.d). real-estate mortgage loan past due for $32,243, with a balance of $165,849 (1.e). medical bill referred for collection of $365 (1.f).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant resolved multiple delinquent debts and demonstrated a plan to address ongoing financial issues; The applicant's financial difficulties were largely due to circumstances beyond his control, including his wife's illness and death; The applicant's character references supported his reliability and trustworthiness despite financial challenges.
Why the Applicant Prevailed
- The applicant resolved multiple delinquent debts and demonstrated a plan to address ongoing financial issues.
- The applicant's financial difficulties were largely due to circumstances beyond his control, including his wife's illness and death.
- The applicant's character references supported his reliability and trustworthiness despite financial challenges.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay or Resolve Debts
- AG ¶ 20(e)appliedReasonable Basis to Dispute Legitimacy of Debt
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedJul 17, 2019
- Answer filedAug 12, 2019
- Hearing heldSep 27, 2019Applicant waived the 15-day notice.
- Decision dateDec 4, 2019
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Good-faith Efforts to Resolve Debts as a Mitigating Factor
- Character References Supporting Reliability Despite Financial Difficulties