Summary
The applicant, a 51-year-old employee of a Department of Defense contractor, faced allegations under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to a history of financial difficulties and multiple traffic violations. The judge found that the applicant had made significant improvements in her financial situation, resolved many debts, and had not committed any traffic violations in over five years. Ultimately, the applicant was granted eligibility for a security clearance, demonstrating a favorable assessment of her overall conduct.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: five charges of Driving while on a Suspended License (2.a). $17,764 charged-off debt as a result of a voluntary car repossession (1.a). $100 delinquent medical account owed to an unidentified medical creditor (1.b). $221 delinquent medical account (1.c). filed for bankruptcy under Chapter 7 in May 2005 (1.d).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 16(d). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), AG ¶ 17(c). The decision turned on the following: The applicant demonstrated significant financial improvement and responsibility since her previous financial difficulties; She resolved several delinquent debts and is current on her financial obligations; The applicant has not had any traffic violations in over five years, indicating a change in behavior.
Why the applicant prevailed
- The applicant demonstrated significant financial improvement and responsibility since her previous financial difficulties.
- She resolved several delinquent debts and is current on her financial obligations.
- The applicant has not had any traffic violations in over five years, indicating a change in behavior.
Conditions referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 16(d)raisedCredible Adverse Information
- AG ¶ 20(b)appliedConditions Beyond ControlThe applicant experienced periods of unemployment that contributed to her financial issues.
- AG ¶ 20(d)appliedGood-faith Effort to Repay DebtsThe applicant made efforts to resolve her delinquent debts and is living within her means.
- AG ¶ 17(c)appliedMinor Offenses or Time PassedThe applicant has not committed any traffic violations in over five years.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedMay 10, 2020
- Answer filedMay 19, 2020
- Hearing heldAug 17, 2021Originally scheduled for June 16, 2021, but continued due to technical issues.
- Decision dateOct 15, 2021
Cite for
- Mitigation of Financial Difficulties Under Guideline F
- Resolution of Personal Conduct Issues Over Time
- Demonstration of Responsible Behavior Change Leading to Favorable Security Clearance Outcomes