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ISCR Case 20-00442 — CASE

ISCR Case 20-00442granted

Case Headnote

ISCR Case No. 20-00442

grantedMar 4, 2022· Hon. David M. White· hearing

Summary

This security clearance decision involved an applicant who, representing himself, sought eligibility under Guideline F (Financial Considerations) after the Defense Counterintelligence and Security Agency issued a Statement of Reasons outlining financial concerns.

The administrative judge determined that the applicant successfully mitigated these concerns by providing sufficient evidence. The applicant's response to the Statement of Reasons was noted as both timely and comprehensive, addressing the issues raised.

Based on the application of mitigating conditions under Adjudicative Guidelines Paragraphs 20 and 21, the judge granted the applicant national security eligibility.

Why the Applicant Prevailed

The applicant provided sufficient evidence to mitigate financial concerns.
The applicant's response to the Statement of Reasons was timely and comprehensive.

Conditions Referenced

Mitigating

AG ¶ 20appliedMitigating ConditionsThe applicant demonstrated a clear plan to resolve financial issues.
AG ¶ 21appliedMitigating ConditionsThe applicant's financial problems were due to circumstances beyond his control.

Key Rule Quoted

“The security clearance decision is a determination that an individual is eligible for access to classified information.”
— Department of Defense Directive 5220.6

Procedural Posture

SOR issuedApr 30, 2020
Answer filednullApplicant requested decision based on written record.
Hearing heldnullNo hearing; decision made on written record.
Decision dateMar 4, 2022

Cite For

Mitigation of Financial Concerns Under Guideline F
Importance of Timely Responses to SOR
Criteria for Granting National Security Eligibility

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

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: 20-00442 ) Applicant for Security Clearance ) Appearances For Government: Alison O’Connell, Esquire, Department Counsel For Applicant: Pro se 03/04/2022 Decision WHITE, David M., Administrative Judge: Applicant mitigated the security concerns raised under the Financial Considerations guideline. Based upon a review of the pleadings and exhibits, national security eligibility is granted. Statement of Case On April 30, 2020, the Defense Counterintelligence and Security Agency Consolidated Adjudications Facility (CAF) issued a Statement of Reasons (SOR) to Applicant, detailing security concerns under Guideline F (Financial Considerations). Applicant responded in an undated Answer to the SOR, and requested that his case be decided by an administrative judge on the written record without a hearing. On March 2, 2021, Department Counsel submitted the Government’s written case. A complete copy of the File of Relevant Material (FORM), containing ten Items, was mailed to Applicant on March 3, 2021, and received by him on March 17, 2021. The FORM notified Applicant that he had an opportunity to file objections and submit material in refutation, extenuation, or mitigation within 30 days of receipt of the FORM. Applicant responded to the FORM within the time provided, and department counsel had no objections to the material he submitted. Applicant did not object to Items 1 through 10.

Hence, all Items are admitted into evidence, and Applicant’s response to the FORM is also admitted as Exhibit (Ex) A. On July 21, 2021, the Defense Office of Hearings and Appeals (DOHA) assigned the case to me.