CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 21-00399 — CASE

DOHA Record Explorer

ISCR Case 21-00399

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

Case Profile
Decision Date1/4/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Braden M. Murphy
Government Counsel: Jenny G. Bayer
Case Summary
The applicant in this case was a 46-year-old individual who had worked as a Department of Defense contractor since 2001 and held a security clearance since at least 2009. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline F (financial considerations) due to the applicant's delinquent debts, which arose during periods of unemployment and reduced income. The SOR included multiple debts, including two repossessed vehicles and various medical and credit accounts.
During the proceedings, the applicant admitted to several debts while denying others, providing explanations for her financial difficulties. She attributed her debts to periods of unemployment and a significant reduction in income, particularly after her job was reduced to part-time hours. The applicant presented evidence of her efforts to mitigate her debts, including payments made and a budget she had followed since late 2020. Additionally, she submitted reference letters attesting to her character and professionalism.
The administrative judge ruled in favor of the applicant, concluding that she had provided sufficient evidence to mitigate the financial concerns. The judge noted the applicant's proactive steps to manage her debts, her long-standing employment in a sensitive position, and the positive character references, ultimately granting her 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. 21-00399

grantedJan 4, 2024· Hon. Braden M. Murphy· hearing

Summary

A 46-year-old Department of Defense contractor was granted eligibility for access to classified information despite concerns under Guideline F (Financial Considerations). The Statement of Reasons alleged multiple delinquent debts, including a repossessed vehicle, a credit account, a cell phone account, and several medical debts, all of which had been placed for collection. These issues arose during periods of unemployment and diminished income.

The administrative judge determined that the applicant had made good faith efforts to resolve these debts, including making payments on delinquent accounts. The judge also found that the financial difficulties were largely due to circumstances beyond the applicant's control, specifically unemployment and reduced income.

Furthermore, the applicant's recent credit report indicated improved financial circumstances, with minimal debt remaining in collection. Based on these mitigating factors, the judge concluded that the applicant had successfully addressed the security concerns, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant demonstrated good faith efforts to resolve her debts, including payments made towards delinquent accounts.
The applicant's financial issues were largely due to circumstances beyond her control, such as unemployment and reduced income.
The applicant's recent credit report showed improved financial circumstances with minimal debt in collection.

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(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts

Key Rule Quoted

“The clearly consistent standard indicates that security determinations should err, if they must, on the side of denials.”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedApr 5, 2022
Answer filedMay 11, 2022
Hearing heldOct 26, 2023via video-teleconference
Decision dateJan 4, 2024

Cite For

Mitigation of Financial Concerns Under Guideline F Due to Good Faith Efforts
Impact of Unemployment on Financial Obligations
Consideration of the Whole-person Concept in Security Clearance Decisions

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 incurred several delinquent debts primarily due to periods of unemployment and diminished income. Despite the financial difficulties, the judge ruled in favor of the applicant on all allegations, indicating that the circumstances surrounding the debts were mitigated by the applicant's efforts to address them and her current financial stability.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant incurred delinquent debts during periods of unemployment and diminished income. $14,637	For Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b	Balance due on a repossessed vehicle placed for collection. $12,758	For Applicant	Auto Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.c	Credit account placed for collection. $1,367	For Applicant	Credit Card Debt	Admitted	—	—	—
1.d	Medical debt placed for collection. $1,043	For Applicant	Medical Debt	Admitted	—	—	—
1.e	Cell phone account placed for collection. $693	For Applicant	Utility or Phone Debt	Admitted	—	—	—
1.f	Medical account placed for collection. $329	For Applicant	Medical Debt	Denied	—	—	—
1.g	Medical account placed for collection. $185	For Applicant	Medical Debt	Denied	—	—	—
1.h	Past-due debt reported for collection. $70	For Applicant	Unspecified Financial	Admitted	—	—	—

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.