Summary
A 59-year-old risk management team lead was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Department of Defense had intended to deny her clearance due to 31 delinquent accounts totaling approximately $63,000.
The applicant faced allegations concerning various debts, including a $4,198 bank collection, a $2,978 charged-off credit card, and a $2,658 bank collection. Several debts were noted as potentially duplicated, and some, such as a $3,422 charged-off account, had not yet received payments. However, the applicant had resolved a $2,327 collection account, paid a $5,900 loan, and settled a $116 telephone service account. She also disputed an $840 medical debt.
The judge determined that the applicant had made significant efforts to repay her debts and established repayment agreements. Evidence showed good-faith efforts, financial counseling, and a structured plan to address her obligations. The financial difficulties were largely attributed to circumstances beyond her control, including the death of her mother and a loss of household income. These mitigating factors led to the conclusion that the financial concerns were resolved, and the applicant was granted eligibility for access to classified information.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts.
- She provided evidence of financial counseling and a structured plan to address her debts.
- The judge found that the financial issues were largely due to circumstances beyond her control, such as the death of her mother and loss of household income.
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(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedThe Individual Has Received or Is Receiving Financial Counseling
- AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 24, 2019
- Answer filedJun 18, 2019
- Hearing heldJan 16, 2020record held open for additional documents
- Decision dateJul 13, 2020
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Good-faith Efforts to Repay Debts
- Impact of Personal Circumstances on Financial Obligations