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ISCR Case 21-02407 — CASE

Case record

ISCR Case 21-02407

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date10/26/2022
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert E. Coacher
Government Counsel: Nicole A. Smith
Case Summary
The applicant in this case was a 46-year-old aircraft mechanic inspector employed by a defense contractor since 2020. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline F, related to financial considerations, due to 18 delinquent debts totaling approximately $35,537, including child support obligations and federal income tax debts for 2014 and 2016. The applicant admitted most allegations in the SOR, attributing his financial difficulties to his wife's unemployment during the COVID-19 pandemic and their subsequent reliance on his income.
The applicant provided evidence of his efforts to address his financial issues, including attempts to negotiate payment plans with creditors and contracting with a debt relief company, which he later terminated due to unsatisfactory progress. He filed for Chapter 13 bankruptcy in October 2021 and began making monthly payments to the bankruptcy trustee, demonstrating a commitment to resolving his debts. The applicant also documented that he had satisfied his federal tax obligations prior to the issuance of the SOR.
The administrative judge ruled in favor of the applicant, concluding that he had mitigated the financial concerns. The judge found that the applicant's financial difficulties were largely beyond his control and that he had acted responsibly by seeking financial counseling and establishing a payment plan through bankruptcy. The judge emphasized the applicant's track record of making payments and his overall reliability and trustworthiness, ultimately granting him eligibility for access to classified information.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
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Case Headnote

ISCR Case No. 21-02407

grantedOct 26, 2022· Hon. Robert E. Coacher· hearing

Summary

A 46-year-old defense contractor employee was granted a security clearance despite concerns under Guideline F (Financial Considerations). The Statement of Reasons (SOR) alleged 18 delinquent debts totaling approximately $35,537. These debts included a child support obligation, two federal income tax debts from 2014 and 2016, five medical debts, and ten consumer debts.

The applicant's financial difficulties were primarily attributed to his wife's unemployment during the pandemic, a circumstance largely beyond his control. In response, he took responsible actions, including engaging a debt relief company and filing for Chapter 13 bankruptcy.

The administrative judge noted the applicant's consistent payments to the bankruptcy trustee, which established a track record of financial responsibility. These mitigating factors, demonstrating responsible financial behavior and external circumstances contributing to the debt, led to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant demonstrated responsible financial behavior by hiring a debt relief company and filing for Chapter 13 bankruptcy.
He made consistent payments to the bankruptcy trustee, establishing a track record of financial responsibility.
The financial difficulties were largely beyond his control due to his wife's unemployment during the pandemic.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required

Mitigating

AG ¶ 20(b)appliedConditions Beyond the Person's Control
AG ¶ 20(c)appliedReceiving Financial Counseling
AG ¶ 20(g)appliedArrangements with Tax Authority

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedNov 19, 2021
Answer filedNov 30, 2021
Hearing heldMay 17, 2022via video teleconference
Decision dateOct 26, 2022

Cite For

Mitigation of Financial Considerations Under Guideline F
Impact of External Circumstances on Financial Obligations
Responsible Actions Taken to Address Delinquent Debts

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 mitigated the financial concerns raised under Guideline F, which included various delinquent debts. The applicant's financial difficulties were attributed to his wife's job loss and the impact of the Covid pandemic, and he has since taken steps to address his debts through bankruptcy and consistent payments to the bankruptcy trustee.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	The SOR alleged 18 delinquent debts, including a child support obligation, two federal income tax debts for years 2014 and 2016, five medical debts, and ten consumer debts totaling approximately $35,537.	For Applicant	Child Support Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved	Documented Financial Counseling Documented Chapter 13 Bankruptcy Documented Debt Paid in Full
1.b	The SOR alleged 18 delinquent debts, including a child support obligation, two federal income tax debts for years 2014 and 2016, five medical debts, and ten consumer debts totaling approximately $35,537.	For Applicant	Tax Unpaid	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved	Documented Financial Counseling Documented Chapter 13 Bankruptcy Documented Debt Paid in Full
1.c	The SOR alleged 18 delinquent debts, including a child support obligation, two federal income tax debts for years 2014 and 2016, five medical debts, and ten consumer debts totaling approximately $35,537.	For Applicant	Medical Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved	Documented Financial Counseling Documented Chapter 13 Bankruptcy Documented Debt Paid in Full
1.d	The SOR alleged 18 delinquent debts, including a child support obligation, two federal income tax debts for years 2014 and 2016, five medical debts, and ten consumer debts totaling approximately $35,537.	For Applicant	Unspecified Financial	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved	Documented Financial Counseling Documented Chapter 13 Bankruptcy Documented Debt Paid in Full

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

Full decision

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