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ISCR Case 21-01247 — CASE

Case record

ISCR Case 21-01247

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

Case Profile
Decision Date3/28/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Candace Le'i Garcia
Government Counsel: Sakeena Farhath
Applicant's Counsel: Troy L. Nussbaum
Case Summary
The applicant in this case was a 32-year-old information technology monitoring specialist employed by a Department of Defense contractor since 2018. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline F (financial considerations), which included allegations of multiple delinquent debts totaling over $54,000, including consumer debts, student loans, medical debts, and a judgment for eviction. The applicant admitted to most of the allegations but denied one related to eviction actions.
During the hearing, the applicant acknowledged his financial difficulties were due to mismanagement and a lack of income, exacerbated by his former girlfriend's unemployment during the COVID-19 pandemic. He demonstrated efforts to mitigate his financial issues by working with a credit counseling agency, establishing payment plans for his debts, and moving in with his parents to reduce living expenses. The applicant's financial situation showed improvement, with a stable income and a budget developed with the counseling agency.
The administrative judge ruled in favor of the applicant, concluding that he had successfully mitigated the financial concerns. The judge noted the applicant's proactive steps to address his debts, his stable employment, and positive character references from colleagues, which contributed to a favorable assessment of his trustworthiness and reliability. As a result, the applicant was granted eligibility for access to classified information.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
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Case Headnote

ISCR Case No. 21-01247

grantedMar 28, 2023· Hon. Candace Le'i Garcia· hearing

Summary

A 32-year-old single male applicant with an associate degree was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons detailed multiple delinquent debts, including five consumer debts totaling $25,075, six student loans totaling $26,688, and a $2,484 judgment from an eviction action. Additionally, at least five eviction actions had been brought against him for failure to pay rent. These issues raised disqualifying conditions under Guideline F.

However, the applicant demonstrated significant mitigating factors. He proactively engaged in credit counseling and budgeting to address his financial situation, making consistent payments and establishing a plan for future debt resolution. The judge also considered that some of his financial difficulties stemmed from circumstances beyond his control, such as a former girlfriend's unemployment.

Ultimately, the judge concluded that the applicant's efforts to resolve his financial issues and the contributing external factors mitigated the initial concerns. His demonstrated commitment to managing his debts indicated that his financial history did not undermine his reliability, leading to the granting of his security clearance.

Why the Applicant Prevailed

The applicant took proactive steps to address his financial issues through credit counseling and budgeting.
He made consistent payments towards his debts and established a plan for future payments.
The applicant's financial difficulties were attributed to circumstances beyond his control, such as a former girlfriend's unemployment.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(a)appliedBehavior Occurred Long Ago or Infrequently
AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
AG ¶ 20(c)appliedReceiving Financial Counseling
AG ¶ 20(d)appliedGood-faith Effort to Repay Debts

Key Rule Quoted

“A security clearance adjudication is an evaluation of an individual’s judgment, reliability, and trustworthiness. It is not a debt-collection procedure.”
— ISCR Case No. 09-02160 (App. Bd. Jun. 21, 2010)

Procedural Posture

SOR issuedJul 20, 2021
Answer filedAug 9, 2021
Hearing heldOct 12, 2022via video teleconference due to COVID-19 concerns
Decision dateMar 28, 2023

Cite For

Mitigation of Financial Concerns Under Guideline F
Importance of Proactive Debt Resolution Efforts
Consideration of Circumstances Beyond the Applicant's Control in Financial Cases

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 multiple delinquent debts, including consumer debts, student loans, and a judgment against him for eviction. However, the judge concluded that the applicant mitigated the financial concerns due to his efforts to address his debts and the circumstances contributing to his financial difficulties, resulting in a decision granted for the applicant.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant had five delinquent consumer debts totaling $25,075. $25,075	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Financial Counseling
1.b	Applicant had six delinquent student loans totaling $26,688. $26,688	For Applicant	Student Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Financial Counseling
1.p	A $2,484 judgment entered against Applicant for an eviction action. $2,484	For Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Financial Counseling
1.q	At least five eviction actions brought against Applicant for failure to pay rent. $0	For Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Financial Counseling

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.