Summary
Candace Le’i Garcia, a 39-year-old applicant, was granted a security clearance despite initial concerns under Guideline F, Financial Considerations. The Statement of Reasons alleged two delinquent student loans with Servicer A, charged off at $88,027 and $68,645 respectively. These allegations raised a disqualifying condition under AG ¶ 19(c).
However, the applicant successfully disputed the legitimacy of both student loans. The judge found that Ms. Garcia demonstrated good faith efforts to resolve the disputed debts, applying mitigating conditions AG ¶ 20(a), (b), (c), (d), and (e).
Ultimately, the judge determined that Ms. Garcia's overall financial situation was under control and did not raise concerns regarding her reliability or trustworthiness. Based on these findings, her security clearance was granted.
Why the Applicant Prevailed
- The applicant successfully disputed the legitimacy of the two student loans in question.
- The applicant demonstrated good faith efforts to resolve the disputed debts.
- The applicant's overall financial situation was under control and did not raise concerns about reliability or trustworthiness.
Conditions Referenced
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Unlikely to Recur
- AG ¶ 20(b)appliedConditions Largely Beyond Control
- AG ¶ 20(c)appliedReceiving Financial Counseling
- AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
- AG ¶ 20(e)appliedReasonable Basis to Dispute Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 11, 2023
- Answer filedOct 6, 2023Applicant elected to have the case decided on the written record.
- Hearing held—Case decided on the written record.
- Decision dateMar 28, 2024
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Good Faith Efforts to Dispute Debts
- Whole-person Concept in Security Clearance Evaluations