ISCR Case 19-03369

Case Headnote

ISCR Case No. 19-03369

grantedMar 23, 2023· Hon. Pamela C. Benson· hearing

Summary

This case concerns a 47-year-old government contractor whose eligibility for a public trust position was reviewed under Guideline F (Financial Considerations). The applicant faced allegations of delinquent accounts totaling $130,670 across multiple credit card banks, consumer credit accounts, and collection agencies. Specific debts ranged from $128 to $39,285, including a $482 debt to a collection agency for a cable service utility. These financial difficulties raised disqualifying conditions under AG ¶ 19(a), AG ¶ 19(c), and AG ¶ 19(f).

The applicant successfully mitigated these concerns by demonstrating that the financial issues primarily stemmed from health problems and medication side effects, circumstances largely beyond his control. He took responsible actions to address his financial difficulties, resolving most of the delinquent accounts or actively working toward their resolution.

The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), and AG ¶ 20(g), acknowledging the applicant's efforts to repay creditors and manage his finances responsibly. Based on this, the applicant was GRANTED eligibility for a public trust position.

Why the Applicant Prevailed

The applicant's financial issues were largely due to circumstances beyond his control, including health problems and medication side effects.
Most of the applicant's delinquent accounts have been resolved or are in the process of resolution.
The applicant demonstrated responsible actions to repay creditors and manage his finances after recognizing his financial difficulties.

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(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
AG ¶ 20(g)appliedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount Owed and Is in Compliance with Those Arrangements

Key Rule Quoted

“The standard that must be met for assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that assigning the person to sensitive duties is clearly consistent with the interests of national security.”
— DOD contractor personnel are afforded the right to the procedures contained in the Directive before any final unfavorable access determination may be made.

Procedural Posture

SOR issuedFeb 5, 2020
Answer filedMay 1, 2021
Hearing heldFeb 15, 2023via Microsoft Teams
Decision dateMar 23, 2023

Cite For

Mitigation of Financial Concerns Under Guideline F Due to Circumstances Beyond the Applicant's Control
Successful Resolution of Delinquent Debts and Tax Obligations
Consideration of the 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.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant is indebted to a credit card bank creditor in the amount of $39,285. $39,285	For Applicant	Credit Card Debt	Admitted	—	—	—
1.b	Applicant is delinquent in the amount of $27,755, for a consumer credit card account. $27,755	For Applicant	Credit Card Debt	Admitted	—	—	—
1.c	Applicant is indebted to a collection agency in the amount of $2,932. $2,932	For Applicant	Unspecified Financial	Admitted	—	—	—
1.d	Applicant is indebted to a credit card bank creditor in the amount of $1,789. $1,789	For Applicant	Credit Card Debt	Admitted	—	—	—
1.e	Applicant is indebted to a consumer credit card creditor in the amount of $1,449. $1,449	For Applicant	Credit Card Debt	Admitted	—	—	—
1.f	Applicant is indebted to a collection agency for a credit card debt that was referred for collection in the amount of $840. $840	For Applicant	Credit Card Debt	Admitted	—	—	—
1.g	Applicant is indebted to a credit card bank creditor in the amount of $638. $638	For Applicant	Credit Card Debt	Admitted	—	—	—
1.h	Applicant is indebted to a collection agency for a credit card debt that was referred for collection in the amount of $128. $128	For Applicant	Credit Card Debt	Admitted	—	—	—
1.i	Applicant is indebted to a collection agency for a credit card debt that was referred for collection in the amount of $4,950. $4,950	For Applicant	Credit Card Debt	Admitted	—	—	—
1.j	Applicant is indebted to a collection agency for a credit card debt that was referred for collection in the amount of $590. $590	For Applicant	Credit Card Debt	Admitted	—	—	—
1.k	Applicant is indebted to a collection agency for a cable service utility company in the amount of $482. $482	For Applicant	Utility or Phone Debt	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant is indebted to a credit card bank creditor in the amount of $39,285.

$39,285

For Applicant

Credit Card Debt

Admitted

—

1.b

Applicant is delinquent in the amount of $27,755, for a consumer credit card account.

$27,755

For Applicant

Credit Card Debt

Admitted

—

1.c

Applicant is indebted to a collection agency in the amount of $2,932.

$2,932

For Applicant

Unspecified Financial

Admitted

—

1.d

Applicant is indebted to a credit card bank creditor in the amount of $1,789.

$1,789

For Applicant

Credit Card Debt

Admitted

—

1.e

Applicant is indebted to a consumer credit card creditor in the amount of $1,449.

$1,449

For Applicant

Credit Card Debt

Admitted

—

1.f

Applicant is indebted to a collection agency for a credit card debt that was referred for collection in the amount of $840.

$840

For Applicant

Credit Card Debt

Admitted

—

1.g

Applicant is indebted to a credit card bank creditor in the amount of $638.

$638

For Applicant

Credit Card Debt

Admitted

—

1.h

Applicant is indebted to a collection agency for a credit card debt that was referred for collection in the amount of $128.

$128

For Applicant

Credit Card Debt

Admitted

—

1.i

Applicant is indebted to a collection agency for a credit card debt that was referred for collection in the amount of $4,950.

$4,950

For Applicant

Credit Card Debt

Admitted

—

1.j

Applicant is indebted to a collection agency for a credit card debt that was referred for collection in the amount of $590.

$590

For Applicant

Credit Card Debt

Admitted

—

1.k

Applicant is indebted to a collection agency for a cable service utility company in the amount of $482.

$482

For Applicant

Utility or Phone Debt

Admitted

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION