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ISCR Case 22-01353 — CASE

Case record

ISCR Case 22-01353

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

Case Profile
Decision Date5/19/2023
Statusgranted
LevelHEARING
TypeADP POSITION
Participants
Applicant Representation: Pro Se
Judge: Marc E. Curry
Government Counsel: Mark D. Lawton
Case Summary
The applicant in this case was a 47-year-old man with a military background, having served in the U.S. Marine Corps and the Army National Guard. He applied for a security clearance but faced allegations under Guideline F, concerning financial considerations. The Statement of Reasons (SOR) indicated that he had six delinquent debts totaling approximately $51,140, which he admitted were incurred due to financial difficulties stemming from divorce proceedings in 2018.
The applicant acknowledged the debts and provided explanations for his financial situation. He successfully satisfied several of the debts listed in the SOR, including credit card accounts and a delinquent cell phone account. He also indicated that some debts were tied to his ex-wife's bankruptcy filing, which limited his ability to make payments. The applicant's efforts to resolve his financial obligations and his current lack of financial problems were noted as mitigating factors.
The administrative judge ruled in favor of the applicant, concluding that he had mitigated the security concerns related to his financial issues. The judge found that the applicant's financial difficulties were largely due to circumstances beyond his control and that he had made a good-faith effort to repay his debts. Consequently, the applicant was granted eligibility for a trustworthiness position, allowing access to sensitive information.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
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Case Headnote

ISCR Case No. 22-01353

grantedMay 19, 2023· Hon. Marc E. Curry· hearing

Summary

This case concerns a 47-year-old veteran whose security clearance eligibility was reviewed under Guideline F (Financial Considerations) due to six delinquent debts totaling approximately $51,140. These financial difficulties were primarily attributed to circumstances following his divorce.

The Statement of Reasons detailed specific debts, including a $1,702 credit card delinquency satisfied on April 22, 2023, and another $1,306 credit card account satisfied on April 23, 2023. A $684 delinquent cell phone account was also satisfied. A significant debt of $18,590, a deficiency from a repossessed car, was assumed by his ex-wife under a settlement agreement. Additionally, a $4,111 deficiency from another repossessed automobile was negotiated down to $969 and subsequently satisfied.

The applicant successfully mitigated the financial concerns by satisfying all debts for which he was responsible. The decision noted that the financial issues stemmed from circumstances beyond his control and that he demonstrated a good-faith effort to resolve his obligations. Consequently, eligibility for a trustworthiness position was GRANTED.

Why the Applicant Prevailed

The applicant satisfied all delinquent debts for which he was responsible.
The financial issues were attributed to circumstances beyond his control, specifically a divorce.
The applicant demonstrated a good-faith effort to resolve his financial obligations.

Conditions Referenced

Disqualifying

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

Mitigating

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

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedSep 7, 2022
Answer filedSep 19, 2022Requested decision on the record.
Hearing held—Decision made based on the record.
Decision dateMay 19, 2023

Cite For

Mitigation of Financial Considerations Under Guideline F
Impact of Personal Circumstances on Financial Obligations
Good-faith Efforts in Resolving Debts

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: Decision on RecordDecided: granted

The judge found that the applicant had six delinquent debts totaling approximately $51,140, but all debts were satisfied, and the applicant's financial issues were attributed to a temporary situation following a divorce. The judge concluded that the applicant had mitigated the financial concerns and ruled in favor of the applicant on all allegations under Guideline F.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant has six delinquent debts, totaling approximately $51,140. $51,140	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (c) received/receiving counseling; problem being resolved	—
1.b	Debt of $1,702, a credit card delinquency, was satisfied on April 22, 2023. $1,702	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (c) received/receiving counseling; problem being resolved	—
1.c	Debt of $1,306, a credit card account, was satisfied on April 23, 2023. $1,306	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (c) received/receiving counseling; problem being resolved	—
1.d	Debt of $684, a delinquent cell phone account, was satisfied. $684	For Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (c) received/receiving counseling; problem being resolved	—
1.e	Debt of $18,590, deficiency from a car repossessed, was assumed by ex-wife under a settlement agreement. $18,590	For Applicant	Auto Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (c) received/receiving counseling; problem being resolved	—
1.f	Debt of $4,111, deficiency from a repossessed automobile, was negotiated down to $969 and satisfied. $4,111	For Applicant	Auto Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (c) received/receiving counseling; problem being resolved	—

Descriptive standardized rendering of a decided public case (Guideline F). The verbatim source decision is shown in full below.

Full decision

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