A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 21-00671
GrantedDecided Dec 2, 2021 · Administrative Judge Robert E. Coacher · Hearing
Case headnote
Summary
The applicant, represented by counsel, sought security clearance under Guideline F due to financial concerns. The judge found that the applicant had made significant progress in addressing her debts, which were largely due to circumstances beyond her control, leading to a favorable decision granting her eligibility for access to classified information.
Why the applicant prevailed
- The applicant demonstrated significant progress in addressing her debts.
- The debts were largely incurred due to circumstances beyond her control.
- The judge found that mitigating conditions applied, alleviating concerns about reliability and trustworthiness.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent and the applicant has shown a good faith effort to repay debts.applied
- AG ¶ 20(b) The applicant has received assistance in managing her financial issues.applied
- AG ¶ 20(c) The applicant's financial problems were due to circumstances beyond her control.applied
- AG ¶ 20(d) The applicant has taken positive steps to resolve her financial issues.applied
- AG ¶ 20(e) The applicant has established a track record of financial responsibility since the issues arose.applied
Key rule quoted
“I also gave due consideration to the whole-person concept.”
Procedural posture
- SOR issued
- 2021-04-14
- Answer filed
- 2021-05-10
- Hearing held
- 2021-11-18
- Decision date
- 2021-12-02
Cite for
- Application of Mitigating Conditions Under Guideline F
- Consideration of Circumstances Beyond the Applicant's Control in Financial Issues
- Whole-person Concept in Security Clearance Determinations.
Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.
From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
Allegations under Guideline F
Reading the 4 per allegation rows needs a free account.
4 rows in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
______________ ______________ DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS In the matter of: ) ) ) ISCR Case No. 21-00671 ) Applicant for Security Clearance ) Appearances For Government: Jeff Nagel, Esq., Department Counsel For Applicant: Jeffery S. Gard, Esq. 12/02/2021 Decision COACHER, Robert E., Administrative Judge: On April 14, 2021, the Department of Defense (DOD) issued a Statement of Reasons (SOR) to Applicant detailing security concerns under Guideline F, financial considerations. The action was taken under Executive Order (EO) 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative guidelines implemented by DOD on June 8, 2017 (AG). Applicant responded to the SOR on May 10, 2021, and requested a hearing before an administrative judge. The case was assigned to me on October 20, 2021. The hearing was held as scheduled on November 18, 2021. On November 18, 2021, I proposed that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object. This case involves financial concerns under Guideline F. Based upon her testimony and the documents submitted, Applicant has made significant progress toward paying the SOR-listed debts, many of which were incurred because of conditions beyond her control (she was deceived and conned by an unscrupulous ex-boyfriend).
________________________ The evidence established that mitigating conditions AG ¶¶ 20(a)-20(e) substantially apply, thereby mitigating the Guideline F concerns. The concerns over Applicant’s history of financial problems do not create doubts about her current reliability, trustworthiness, good judgment, and ability to protect classified information. In reaching this conclusion, I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence. I also gave due consideration to the whole-person concept. Accordingly, I conclude that she met her ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant her eligibility for access to classified information. This case is decided for Applicant. Robert E. Coacher Administrative Judge