A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 20-03277
GrantedDecided Mar 30, 2022 · Administrative Judge Gregg A. Cervi · Hearing
Case headnote
Summary
The applicant, representing himself, faced financial concerns under Guideline F due to debts and tax filings. The applicant successfully resolved these issues, which were attributed to serious family and medical problems, leading to a favorable decision for continued eligibility for access to classified information.
Why the applicant prevailed
- The applicant resolved all SOR-listed debts and tax filings.
- The financial issues were caused by serious family and medical problems beyond the applicant's control.
- The judge found that the applicant's current reliability and trustworthiness were not in doubt.
Conditions referenced
Mitigating
- AG ¶ 20(a) Conditions that could mitigate financial considerationsapplied
- AG ¶ 20(b) Conditions that could mitigate financial considerationsapplied
- AG ¶ 20(c) Conditions that could mitigate financial considerationsapplied
- AG ¶ 20(d) Conditions that could mitigate financial considerationsapplied
- AG ¶ 20(g) Conditions that could mitigate financial considerationsapplied
Key rule quoted
“I also gave due consideration to the whole-person concept.”
Procedural posture
- SOR issued
- 2021-04-07
- Answer filed
- 2021-04-29
- Hearing held
- 2022-03-24
- Decision date
- 2022-03-30
Cite for
- Mitigating Conditions for Financial Concerns Under Guideline F
- Impact of Personal Circumstances on Financial Issues
- Whole-person Concept in Security Clearance Evaluations
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
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Allegations under Guideline F
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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. 20-03277 ) Applicant for Security Clearance ) Appearances For Government: Tara Karoian, Esq., Department Counsel For Applicant: Pro se 03/30/2022 Decision CERVI, GREGG A., Administrative Judge: On April 7, 2021, the Department of Defense Counterintelligence and Security Agency Consolidated Adjudications Facility (DCSA CAF) 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 April 29, 2021, and requested a hearing before an administrative judge. The case was assigned to me on February 4, 2022. The hearing was held as scheduled on March 24, 2022. At the conclusion of the hearing, I proposed that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel concurred. This case involves financial concerns under Guideline F. Based upon his testimony and the documents in evidence, Applicant has resolved the SOR-listed debts and tax filings, all of which were incurred because of conditions beyond his control including
________________________ serious family and medical issues that significantly impeded his ability to cope with financial matters. The evidence established that mitigating conditions 20(a)-20(d), and (g) substantially apply and all of the SOR delinquencies have been satisfactorily resolved, thereby mitigating the Guideline F concerns. The concerns over Applicant’s history of financial problems do not create doubts about his 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 he met his ultimate burden of persuasion to show that it is clearly consistent with the national interest to continue his eligibility for access to classified information. This case is decided for Applicant. Gregg A. Cervi Administrative Judge