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ISCR 21-00671: Guideline F security clearance hearing, granted (2021) · CASE

ISCR Case 21-00671granted

Case headnote

ISCR Case No. 21-00671

grantedDec 2, 2021· Hon. Robert E. Coacher· hearing

Summary

This security clearance decision involved an applicant, represented by counsel, whose eligibility was reviewed under Guideline F, Financial Considerations. The judge ultimately granted the applicant access to classified information.

The primary concerns under Guideline F stemmed from the applicant's financial debts. However, the judge found that these debts were largely incurred due to circumstances beyond the applicant's control. Furthermore, the applicant demonstrated significant progress in addressing these financial obligations.

Based on these factors, the judge applied several mitigating conditions, specifically AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), and AG ¶ 20(e). These mitigating conditions alleviated concerns regarding the applicant's reliability and trustworthiness, leading to the favorable decision to grant the security clearance.

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)appliedThe Behavior Was Not Recent and the Applicant Has Shown a Good Faith Effort to Repay Debts.
AG ¶ 20(b)appliedThe Applicant Has Received Assistance in Managing Her Financial Issues.
AG ¶ 20(c)appliedThe Applicant's Financial Problems Were Due to Circumstances Beyond Her Control.
AG ¶ 20(d)appliedThe Applicant Has Taken Positive Steps to Resolve Her Financial Issues.
AG ¶ 20(e)appliedThe Applicant Has Established a Track Record of Financial Responsibility Since the Issues Arose.

Key rule quoted

“I also gave due consideration to the whole-person concept.”

Procedural posture

SOR issuedApr 14, 2021
Answer filedMay 10, 2021
Hearing heldNov 18, 2021
Decision dateDec 2, 2021

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.

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant incurred financial debts due to circumstances beyond her control, specifically being deceived by an ex-boyfriend. The applicant demonstrated significant progress in addressing these debts, leading to a favorable decision regarding her security clearance.

The sub-allegation breakdown is part of the Professional plan. See what it includes.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation

Descriptive standardized rendering of a decided public case. The verbatim source decision is shown in full below.

Full decision

The complete, official text, footnotes and signatures included, is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

______________ ______________ 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