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ISCR Case 22-01754 — CASE

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ISCR Case 22-01754

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

Case Profile
Decision Date8/29/2024
Statusgranted
LevelHEARING
TypeADP POSITION
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: Troy L. Nussbaum
Case Summary
The applicant in this case was a 51-year-old employee of a defense contractor, seeking eligibility for a public trust position. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing trustworthiness concerns under Guideline F (financial considerations) and Guideline E (personal conduct). The SOR detailed 61 delinquent accounts, primarily medical debts totaling approximately $52,891, and indicated that the applicant's financial issues stemmed from job loss and significant medical expenses.
During the proceedings, the applicant admitted to the financial allegations but explained that her financial difficulties were exacerbated by a series of uncontrollable events, including job loss, medical emergencies, and lack of support from her child's father. She expressed her intention to address her debts but had not yet resolved them due to ongoing health issues. The administrative judge found that the applicant had made timely mortgage payments since December 2020 and had taken steps to improve her financial situation, including obtaining better health insurance.
Ultimately, the administrative judge ruled in favor of the applicant, granting her eligibility for the public trust position. The judge concluded that the applicant had mitigated the trustworthiness concerns related to her financial situation, emphasizing her efforts to manage her debts and the impact of her medical conditions on her financial stability.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline FFinancial Considerations · For Applicant
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Case Headnote

ISCR Case No. 22-01754

grantedAug 29, 2024· Hon. Robert Robinson Gales· hearing

Summary

A 51-year-old defense contractor employee was granted a security clearance despite allegations under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited trustworthiness concerns and 61 delinquent accounts, 60 of which were medical, totaling approximately $52,891 and placed for collection.

The judge determined that the applicant's financial difficulties stemmed primarily from uncontrollable circumstances, specifically health problems and periods of unemployment. Mitigating factors included the applicant's consistent timely payments on current accounts since December 2020.

Furthermore, the applicant presented a clear plan to resolve her outstanding delinquent debts, demonstrating a commitment to addressing her financial issues. Based on these mitigating circumstances and efforts, the security clearance was granted.

Why the Applicant Prevailed

The applicant's financial difficulties were largely due to uncontrollable circumstances, including health issues and unemployment.
The applicant demonstrated a commitment to making timely payments on current accounts since December 2020.
The applicant has a plan to address her delinquent debts and has shown a willingness to resolve her financial issues.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 20(b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
AG ¶ 20(d)appliedIndividual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors

Key Rule Quoted

“Trustworthiness decisions are aimed at evaluating an applicant’s judgment, reliability, and trustworthiness. They are not a debt-collection procedure.”

Procedural Posture

SOR issuedNov 16, 2022
Answer filedDec 8, 2022
Hearing heldJul 24, 2024via Microsoft Teams
Decision dateAug 29, 2024

Cite For

Mitigating Financial Concerns Under Guideline F Due to Uncontrollable Circumstances
Consideration of Timely Payments on Current Accounts as a Positive Factor
The Importance of a Reasonable Plan to Address Delinquent Debts in Trustworthiness Evaluations.

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 E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant's personal conduct concerns were mitigated. The applicant admitted to the allegations regarding trustworthiness concerns but demonstrated a good-faith effort to address her financial issues, leading to a decision to grant eligibility for a position of public trust.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	The SOR alleged trustworthiness concerns under Guideline E (personal conduct).	For Applicant	Unspecified Personal Conduct	—	Admitted	—	—	Claimed Other

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

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant had numerous delinquent accounts totaling approximately $52,891, primarily consisting of medical debts. However, the applicant demonstrated a good-faith effort to address these debts, leading to a decision to grant eligibility for a position of public trust.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	61 delinquent accounts, of which 60 of them are medical accounts that were placed for collection, totaling approximately $52,891. $52,891	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Other
1.b–1.i	8 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

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.