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ISCR Case 22-01549 — CASE

Case record

ISCR Case 22-01549

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

Case Profile
Decision Date1/30/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Candace Le'i Garcia
Government Counsel: Karen A. Moreno-Sayles, Alison P. O'Connell
Case Summary
The applicant in this case was a 43-year-old individual seeking a security clearance, facing allegations under Guideline F (financial considerations) as outlined in the Statement of Reasons (SOR) issued by the Department of Defense. The SOR detailed ten delinquent federal student loans totaling $68,747, three unpaid judgments amounting to $2,859, and failure to file federal and state income tax returns for the years 2016, 2017, and 2018.
During the proceedings, the applicant admitted to most of the allegations but denied some related to the judgments. He provided explanations for his financial difficulties, citing discrimination at work that led to reduced income and subsequent financial distress. The applicant demonstrated efforts to address his debts, including establishing a payment plan for his student loans and filing his tax returns. By the time of the hearing, he had made progress in resolving his financial issues, including satisfying one judgment and filing his state tax returns.
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 improved financial situation, and the absence of any recent delinquencies, ultimately granting him eligibility for access to classified information.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
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Case Headnote

ISCR Case No. 22-01549

grantedJan 30, 2024· Hon. Candace Le'i Garcia· hearing

Summary

A 43-year-old male applicant with a computer information science background was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons (SOR) cited three primary issues: ten delinquent federal student loans totaling $68,747, a $2,576 judgment from a property management company entered in 2019, and a failure to file federal and state income tax returns for the 2016, 2017, and 2018 tax years.

Disqualifying conditions were raised under AG ¶ 19(a), AG ¶ 19(c), and AG ¶ 19(f). However, the applicant demonstrated significant mitigating efforts. He established a repayment plan for his student loans, removing them from default status. Additionally, he filed all outstanding federal income tax returns for 2016-2018 and paid the associated taxes prior to the SOR's issuance.

The applicant further resolved the judgment against him shortly after receiving the SOR. These actions, reflecting a commitment to address his financial obligations, led to the application of mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), and AG ¶ 20(g), and ultimately, the granting of his security clearance eligibility.

Why the Applicant Prevailed

The applicant established a repayment plan for his student loans, which were no longer in default status.
He filed his federal income tax returns for the years 2016-2018 and paid the associated taxes before the SOR was issued.
The applicant resolved a judgment against him shortly after receiving the SOR.

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(a)appliedBehavior Happened so Long Ago or Infrequently
AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
AG ¶ 20(g)appliedArrangements with Tax Authority

Key Rule Quoted

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

Procedural Posture

SOR issuedSep 1, 2022
Answer filedSep 18, 2022
Hearing heldJun 27, 2023record kept open until July 25, 2023
Decision dateJan 30, 2024

Cite For

Mitigation of Financial Concerns Under Guideline F
Good-faith Efforts to Resolve Financial Issues
Impact of Timely Tax Filings on Security Clearance Eligibility

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 multiple financial issues, including delinquent federal student loans totaling $68,747, a judgment of $2,576, and failure to file income tax returns for three years. However, the applicant's financial situation was deemed mitigated due to evidence of payment arrangements and the resolution of some debts, leading to a decision in favor of the applicant.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant had 10 delinquent federal student loans, totaling $68,747. $68,747	For Applicant	Student Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Debt Paid in Full
1.k	Applicant had a $2,576 judgment entered against him by a property management company in 2019. $2,576	For Applicant	Judgment Against Applicant	Denied	—	—	Claimed Debt Paid in Full
1.n	Applicant failed to file his federal and state income tax returns for tax years 2016, 2017, and 2018.	For Applicant	Tax Filing Failure	Admitted	—	—	Claimed Tax Returns Filed Late

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.