Summary
The applicant, a 56-year-old naturalized U.S. citizen, addressed financial concerns under Guideline F by demonstrating a commitment to resolving debts through a debt relief company. His financial issues stemmed from circumstances beyond his control, including the death of his first wife, and he has shown responsible financial behavior since 2018. The administrative judge granted eligibility for access to classified information based on the applicant's efforts to mitigate the financial concerns.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Credit account in the amount of $12,236. The D/R Company negotiated a settlement of this debt in the amount of $8,050 and is paying this debt pursuant to a payment plan. This debt is being resolved (1.a). Credit account in the amount of $10,992. This debt has been paid for less than the full balance. This debt has been resolved (1.b). Credit account in the amount of $4,843. This debt is 'enrolled' with the D/R Company to be resolved after other debts have been paid. This debt will be resolved (1.c). Credit account in the amount of $4,307. The D/R Company has negotiated a settlement of this debt in the amount of $2,283 and is paying this debt pursuant to a payment plan. This debt is being resolved (1.d). Credit account in the amount of $3,573. This debt has been paid off for less than the full balance. This debt has been resolved (1.e). Credit account in the amount of $3,200. The D/R Company negotiated a settlement of this debt in the amount of $1,697 and is paying this debt pursuant to a payment plan. This debt is being resolved (1.f). Credit account in the amount of $3,134. This debt has been paid off for less than the full balance. This debt has been resolved (1.g). Credit account in the amount of $2,255. This debt is enrolled with the D/R Company to be resolved after other debts have been paid off. This debt will be resolved (1.h). Credit account in the amount of $2,090. The D/R Company negotiated a settlement of this debt in the amount of $1,061. This debt has been paid. This debt has been resolved (1.i). Credit account in the amount of $1,299. This debt is enrolled with the D/R Company to be resolved after other debts have been paid off. This debt will be resolved (1.j). Credit account in the amount of $656. This debt has been paid for less than the full balance. This debt has been resolved (1.k). Delinquent credit account. The SOR does not allege a specific amount of this indebtedness. This debt has been resolved (1.l).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(e). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant demonstrated a commitment to resolving his debts through a debt relief company; Financial issues were largely due to circumstances beyond his control, including the death of his first wife; The applicant has shown responsible financial behavior since 2018.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to resolving his debts through a debt relief company.
- Financial issues were largely due to circumstances beyond his control, including the death of his first wife.
- The applicant has shown responsible financial behavior since 2018.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 19(e)raisedConsistent Spending Beyond One's Means
- AG ¶ 20(a)appliedBehavior Unlikely to Recur
- AG ¶ 20(b)appliedFinancial Problems Largely Beyond Control
- AG ¶ 20(c)appliedReceiving Financial Counseling
- AG ¶ 20(d)appliedGood-faith Effort to Repay 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 issuedJan 4, 2021
- Answer filedJan 23, 2021
- Hearing heldJun 10, 2021
- Decision dateJul 29, 2021
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Impact of Personal Circumstances on Financial Behavior
- Commitment to Debt Resolution Through Counseling Services