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ISCR Case 21-02428 — CASE

Case record

ISCR Case 21-02428

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

Case Profile
Decision Date3/16/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Candace Le'i Garcia
Government Counsel: Mark D. Lawton
Case Summary
The applicant in this case was a 61-year-old male with a background in the U.S. Navy and experience working for various Department of Defense contractors. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline F (financial considerations), alleging that the applicant had 13 delinquent consumer debts totaling $44,956 and failed to file his federal income tax return for the tax year 2019.
During the hearing, the applicant admitted to most of the debts listed in the SOR but denied one specific allegation. He attributed his financial difficulties to a significant loss of income due to employment issues and his spouse's job loss. The applicant provided evidence of his efforts to address his debts, including payment plans and a commitment to resolve his tax obligations. He also demonstrated a stable income and positive character references from colleagues and family.
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 manage his debts, his stable employment, and the support from his spouse and colleagues as factors that contributed to the decision to grant eligibility for access to classified information.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
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Case Headnote

ISCR Case No. 21-02428

grantedMar 16, 2023· Hon. Candace Le'i Garcia· hearing

Summary

A 61-year-old male applicant was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons cited 13 delinquent consumer debts totaling $44,956 and the failure to file his 2019 federal income tax return. These issues raised disqualifying conditions under AG ¶ 19(a), AG ¶ 19(c), and AG ¶ 19(f).

However, the administrative judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), and AG ¶ 20(g). The judge determined that the applicant's financial difficulties were largely due to circumstances beyond his control, specifically a loss of income and his spouse's job loss.

Crucially, the applicant demonstrated a commitment to resolving his debts through payment plans and timely filed subsequent tax returns. His financial situation was deemed under control, with no other delinquent debts. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a commitment to resolving his delinquent debts through payment plans and timely filing subsequent tax returns.
The financial issues were largely attributed to circumstances beyond the applicant's control, including loss of income and his spouse's job loss.
The applicant's financial situation was under control, and he had no other delinquent debts.

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

Mitigating

AG ¶ 20(b)appliedConditions 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 protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedNov 19, 2021
Answer filedNov 29, 2021
Hearing heldNov 17, 2022rescheduled due to scheduling conflict
Decision dateMar 16, 2023

Cite For

Mitigation of Financial Considerations Under Guideline F
Impact of Circumstances Beyond Control on Financial Issues
Good-faith Efforts to Resolve Debts 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 13 delinquent consumer debts totaling $44,956 and failed to file his federal income tax return for tax year 2019. However, the judge concluded that the applicant mitigated the financial considerations security concerns, resulting in a decision granted for the applicant.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant had 13 delinquent consumer debts totaling $44,956. $44,956	For Applicant	Unspecified Financial	Admitted	—	—	—
1.n	Applicant failed to file his federal income tax return for tax year 2019. $2,000	For Applicant	Tax Filing Failure	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations (f) failure to file / fraudulent filing of tax returns or unpaid tax	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Financial Event Outside Control

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.