CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 21-00249 — CASE

ISCR Case 21-00249granted

Case Headnote

ISCR Case No. 21-00249

grantedAug 15, 2022· Hon. Robert E. Coacher· hearing

Summary

This security clearance decision involved an applicant who represented himself and faced allegations of delinquent debt under Guideline F (Financial Considerations). The applicant successfully mitigated these concerns, leading to a granted security clearance.

The applicant paid all delinquent debts listed in the Statement of Reasons. He provided a credible explanation for payment delays, attributing them to waiting for insurance settlement proceeds. The judge applied mitigating conditions AG ¶ 20 and AG ¶ 19, concluding that the applicant's past financial issues do not affect his current reliability.

Ultimately, the applicant demonstrated a good financial state and learned from past mistakes, leading to the determination that his security clearance should be granted.

Why the Applicant Prevailed

The applicant paid all delinquent debts listed in the SOR.
He credibly explained delays in payments due to waiting for insurance settlement proceeds.
The applicant demonstrated a good financial state and learned from past mistakes.

Conditions Referenced

Mitigating

AG ¶ 20appliedMitigating ConditionsThe applicant has shown a good financial state and has paid all debts.
AG ¶ 19appliedMitigating ConditionsThe applicant's past financial issues do not affect his current reliability.

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 12, 2021
Answer filedApr 2, 2022
Hearing heldAug 5, 2022
Decision dateAug 15, 2022

Cite For

Successful Demonstration of Financial Rehabilitation Under Guideline F
Importance of the Whole-person Concept in Security Clearance Decisions
Credibility of Applicant's Explanations Regarding Past Financial Issues

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 had six allegations of delinquent debt, which included consumer and medical debts. However, the applicant successfully demonstrated that all debts had been paid and provided credible explanations for the circumstances surrounding the debts, leading to a decision to grant eligibility for access to classified information.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a–1.f	6 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Descriptive standardized rendering of a decided public case (Guideline F). 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. 21-00249 ) Applicant for Security Clearance ) Appearances For Government: Aubrey De Angelis, Esq., Department Counsel For Applicant: Pro se 08/15/2022 Decision COACHER, Robert E., Administrative Judge: On March 12, 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 April 2, 2022, and requested a hearing before an administrative judge. The case was assigned to me on June 28, 2022 The hearing was held on August 5, 2022. On August 8, 2022, I proposed that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object. This case involves six allegations of delinquent debt (consumer and medical debts) under Guideline F. Applicant has paid all the delinquent debt listed in the SOR. While the medical debt and paying his motorcycle debt came after the issuance of the SOR, he credibly explained this was due to him having to wait to receive the proceeds

________________________ from his insurance settlement due to a vehicle accident that caused his medical injuries. He further admitted that the delinquent consumer debt he generated was at a time when he was young, immature, and not fully understanding the ramifications of having bad debts on his overall financial wellbeing. He credibly stated that he has learned from his mistakes and presented evidence that he is now in a good financial state. I believe it is unlikely Applicant will find himself in a similar position in the future. 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 grant him eligibility for access to classified information. This case is decided for Applicant. Clearance is granted. Robert E. Coacher Administrative Judge