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ISCR Case 22-01250 — CASE

Case record

ISCR Case 22-01250

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

Case Profile
Decision Date11/30/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Gina L. Marine
Government Counsel: Erin P. Thompson
Case Summary
The applicant in this case was a 45-year-old engineer with a bachelor's degree in electrical engineering and a master's degree in control systems. He had been employed by his current employer since 2005 and previously held a Department of Defense (DOD) security clearance since 2000. The allegations against him, outlined in the Statement of Reasons (SOR), were primarily related to financial considerations under Guideline F, specifically concerning his history of indebtedness, which included debts accrued after a previous bankruptcy.
During the hearing, the applicant admitted to the debts listed in the SOR, which arose due to various life circumstances, including changes in his wife's employment, the birth of their third child, and the impact of the COVID-19 pandemic. He acknowledged that his financial difficulties were exacerbated by overspending and a lack of savings. The applicant had previously filed for Chapter 13 bankruptcy in 2009, which was discharged in 2014, but he later struggled with new debts. He attempted to manage his debts through a debt-relief company but ultimately terminated their services due to financial strain.
The administrative judge ruled in favor of the applicant, granting him eligibility for access to classified information. The judge concluded that the applicant had demonstrated a commitment to addressing his financial issues, had taken responsibility for his past decisions, and had made significant efforts to resolve his debts. The judge noted that the applicant's financial situation had improved, and he had learned valuable lessons from his experiences, which contributed to the decision to grant his security clearance.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
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Case Headnote

ISCR Case No. 22-01250

grantedNov 30, 2023· Hon. Gina L. Marine· hearing

Summary

This case concerns a 45-year-old engineer who was granted a security clearance under Guideline F, Financial Considerations. Disqualifying conditions were initially raised under AG ¶ 19(a), AG ¶ 19(c), and AG ¶ 19(e), primarily due to a history of financial difficulties.

The applicant demonstrated significant efforts to resolve these issues. He settled several debts and established repayment plans for others, showing a commitment to addressing his financial obligations. His financial situation has improved, and he has exhibited responsible financial behavior since the debts first became a concern.

Mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d) were applied. The decision to grant the clearance was based on the applicant's substantial efforts to resolve his debts, his improved financial situation, and his sincere testimony indicating a commitment to resolving any remaining financial issues.

Why the Applicant Prevailed

The applicant made significant efforts to resolve his debts, including settling several debts and establishing repayment plans.
His financial situation has improved, and he has demonstrated responsible financial behavior since the debts became a concern.
The applicant's sincere and credible testimony indicated a commitment to resolving his remaining debts.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 19(e)raisedConsistent Spending Beyond One's Means

Mitigating

AG ¶ 20(a)appliedBehavior Happened Long Ago or Infrequently
AG ¶ 20(b)rejectedConditions Beyond the Person's ControlThe judge found that the applicant's financial issues were not solely due to circumstances beyond his control.
AG ¶ 20(c)notedReceiving Financial Counseling
AG ¶ 20(d)appliedGood-faith Effort to Repay Debts

Key Rule Quoted

“An applicant need only establish a plan to resolve the indebtedness and then take significant actions to implement the plan.”

Procedural Posture

SOR issuedJul 11, 2022
Answer filed—
Hearing heldJun 28, 2023via video conference
Decision dateNov 30, 2023

Cite For

Mitigation of Financial Concerns Under Guideline F
Demonstrating Good-faith Efforts to Resolve Debts
Consideration of Circumstances Beyond the Applicant's Control in Financial Matters

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.