CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 21-02082 — CASE

Case record

ISCR Case 21-02082

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

Case Profile
Decision Date11/28/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Mark W. Harvey
Government Counsel: Carroll J. Connelley
Applicant's Counsel: Carl Anthony Marrone
Case Summary
The applicant in this case was a 54-year-old systems engineer who sought a security clearance after being issued a Statement of Reasons (SOR) citing financial considerations under Guideline F. The SOR detailed multiple bankruptcy filings, including a Chapter 7 bankruptcy in 2002 and a Chapter 13 bankruptcy in 2007, which raised concerns about the applicant's financial stability and responsibility. The applicant admitted to the allegations in the SOR but provided mitigating information regarding his financial history, including the circumstances surrounding his bankruptcies, such as job loss and family issues.
During the hearing, the applicant presented evidence of his current financial situation, including a significant increase in income and the completion of his Chapter 13 bankruptcy plan in June 2023. He demonstrated that he had made substantial payments to creditors and received positive character references from colleagues and friends, who attested to his trustworthiness and prudent financial behavior. The administrative judge ruled in favor of the applicant, concluding that the financial concerns were mitigated by his demonstrated efforts to address his debts and his current financial stability, thus granting him eligibility for access to classified information.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. 21-02082

grantedNov 28, 2023· Hon. Mark W. Harvey· hearing

Summary

This case concerns a 54-year-old systems engineer whose eligibility for a security clearance was reviewed under Guideline F (Financial Considerations) due to a history of multiple bankruptcies. The Statement of Reasons alleged three bankruptcies: a Chapter 13 filing in about June 2018, another Chapter 13 in around July 2007, and a Chapter 7 in around June 2002. Disqualifying conditions under AG ¶ 19(a) and AG ¶ 19(c) were raised.

The applicant admitted all financial allegations. However, the judge found that the financial problems were largely beyond the applicant's control, stemming from unemployment and personal circumstances. The applicant also demonstrated responsible financial management by successfully completing a Chapter 13 bankruptcy payment plan.

Based on these factors, the judge applied mitigating conditions under AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d). The applicant was found to have mitigated the security concerns, and eligibility for access to classified information was GRANTED.

Why the Applicant Prevailed

The applicant admitted all allegations related to financial issues.
The applicant's financial problems were largely beyond his control due to unemployment and personal circumstances.
The applicant successfully completed a Chapter 13 bankruptcy payment plan, demonstrating financial responsibility.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
AG ¶ 20(c)appliedThe Individual Has Received or Is Receiving Financial Counseling
AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedFeb 10, 2022
Answer filedJul 14, 2022
Hearing heldAug 7, 2023via Microsoft Teams
Decision dateNov 28, 2023

Cite For

Mitigation of Financial Issues Under Guideline F
Impact of Personal Circumstances on Financial Stability
Successful Completion of Bankruptcy as a Mitigating Factor

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 filed multiple bankruptcies, including a Chapter 7 bankruptcy in 2002 and two Chapter 13 bankruptcies in 2007 and 2018. Despite these financial difficulties, the judge ruled in favor of the applicant, granting eligibility for access to classified information, indicating that the applicant's circumstances were consistent with national security interests.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant filed a Chapter 13 bankruptcy in about June 2018.	For Applicant	Bankruptcy Filing	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	Claimed Other
1.b	Applicant filed a Chapter 13 bankruptcy in around July 2007.	For Applicant	Bankruptcy Filing	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	Claimed Other
1.c	Applicant filed a Chapter 7 bankruptcy in around June 2002.	For Applicant	Bankruptcy Filing	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	Claimed Other

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.