Summary
The applicant, a 54-year-old defense contractor and retired U.S. Air Force member, sought security clearance despite admitting to financial debts and psychological conditions. The judge found that the applicant had made significant efforts to address his financial issues and was compliant with mental health treatment, concluding that these factors did not pose a risk to national security.
Under Guideline F (Financial Considerations) and Guideline I (Psychological Conditions), the Statement of Reasons alleged the following: Applicant admits that he has a past-due debt to Creditor A in the amount of about $6,530 for computers (1.a). Applicant denies a past-due debt to Creditor B in the amount of about $1,001, claiming it has been paid in full (1.b). Applicant admits that he has past-due debts to Creditor C in the amounts of about $9,276; $9,349; and $36,928, which have been settled or paid in full (1.c). Applicant denies another past-due debt to Creditor C in the amount of about $3,177, claiming it has been paid in full (1.e). Applicant denies a past-due debt to Creditor G in the amount of about $689, claiming he is in good standing with no past-due balance (1.g). Applicant admits that he was indebted to the IRS for back-business taxes in the amount of $2,567, which has been paid (1.h). Applicant admits that in July of 2021, he was involuntarily hospitalized for twelve days due to suicidal ideations (2.a). Applicant admits that in November of 2020, he was involuntarily hospitalized for suicidal ideation (2.b). Applicant admits that since at least August of 2016, he has been treated for depression (2.c).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 28(b). The judge applied mitigating conditions AG ¶ 20(d), AG ¶ 20(b), AG ¶ 29(a), AG ¶ 29(d). The decision turned on the following: The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts; The applicant's psychological conditions were controlled with treatment, and he showed compliance with his treatment plan; The applicant's past financial issues were largely attributed to circumstances beyond his control, such as a failed business and divorce.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts.
- The applicant's psychological conditions were controlled with treatment, and he showed compliance with his treatment plan.
- The applicant's past financial issues were largely attributed to circumstances beyond his control, such as a failed business and divorce.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 28(b)raisedVoluntary or Involuntary Inpatient Hospitalization
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 29(a)appliedCondition Readily Controllable with Treatment
- AG ¶ 29(d)appliedPast Condition Was Temporary and Resolved
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 1, 2021
- Answer filedApr 8, 2022
- Hearing heldOct 13, 2022convened as scheduled
- Decision dateMar 29, 2023
Cite For
- Mitigation of Financial Issues Under Guideline F
- Compliance with Mental Health Treatment Under Guideline I
- Whole-person Analysis in Security Clearance Decisions