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ISCR Case 23-01785 — CASE

Case record

ISCR Case 23-01785

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

Case Profile
Decision Date8/8/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Richard A. Cefola
Government Counsel: Jeff A. Nagel
Case Summary
The applicant in this case was a 52-year-old employee of a defense contractor who had served 22 years in the Marine Corps as a Gunnery Sergeant and Intelligence Analyst. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline F (Financial Considerations), alleging that the applicant had significant past-due debts totaling approximately $38,000 to a credit union, which raised questions about his reliability and trustworthiness.
During the proceedings, the applicant admitted to all allegations in the SOR and explained that his financial difficulties stemmed from prioritizing his family's needs over his creditors. He provided evidence of his current financial stability, including installment payment plans for his debts, which he was actively adhering to with sufficient income from his new job. The applicant's efforts to repay his debts and his stable employment were considered mitigating factors.
The administrative judge ruled in favor of the applicant, concluding that he had successfully mitigated the financial concerns. The judge noted the applicant's distinguished military service and current responsible financial behavior, determining that granting him security clearance was consistent with the national interest.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
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Case Headnote

ISCR Case No. 23-01785

grantedAug 8, 2024· Hon. Richard A. Cefola· hearing

Summary

A 52-year-old defense contractor and former Marine Corps Gunnery Sergeant was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The applicant faced allegations regarding approximately $38,000 in past-due debts owed to a credit union, specifically three separate accounts totaling $15,716, $4,619, and $17,734. These issues raised disqualifying conditions under Adjudicative Guidelines Paragraphs 19(a) and 19(c).

However, the applicant admitted all allegations and demonstrated a commitment to resolving these financial difficulties. Repayment plans were established for each debt: 98 biweekly payments of $160.00, 97 biweekly payments of $47.50, and 99 biweekly payments of $177.50, respectively.

The decision to grant the clearance was based on the application of mitigating conditions under Adjudicative Guidelines Paragraphs 20(a), 20(b), and 20(d). The applicant's stable employment provided sufficient income to manage the repayment plans, and these efforts were viewed as a good-faith commitment to resolve the outstanding financial issues.

Why the Applicant Prevailed

The applicant admitted all allegations in the SOR and established repayment plans for significant debts.
The applicant's stable employment provided sufficient income to address past-due debts.
The applicant's efforts to repay debts demonstrated a good-faith effort to resolve financial issues.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 20(a)rejectedBehavior Unlikely to RecurThe applicant's financial difficulties were attributed to prioritizing family needs.
AG ¶ 20(b)rejectedConditions Largely Beyond ControlThe applicant's financial issues were not solely due to uncontrollable circumstances.
AG ¶ 20(d)appliedGood-faith Effort to Repay Debts

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedDec 19, 2023
Answer filedDec 22, 2023
Hearing heldMay 16, 2024
Decision dateAug 8, 2024

Cite For

Mitigation of Financial Concerns Under Guideline F
Importance of Stable Employment in Addressing Financial Issues
Good-faith Efforts in Debt Repayment as a Mitigating Factor

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 established installment payment plans for three past-due debts owed to a credit union, totaling $37,069. The applicant's financial difficulties were attributed to prioritizing family needs, but with a new job, he is now able to manage his debts, leading to a decision in his favor regarding financial considerations.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant has an installment plan of 98 biweekly payments of $160.00 each, towards the $15,716 past-due debt owed to the credit union. $15,716	For Applicant	Personal Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Payment Plan with Creditor
1.b	Applicant has an installment plan of 97 biweekly payments of $47.50 each, towards the $4,619 past-due debt owed to the credit union. $4,619	For Applicant	Personal Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Payment Plan with Creditor
1.c	Applicant has an installment plan of 99 biweekly payments of $177.50 each, towards the $17,734 past-due debt owed to the credit union. $17,734	For Applicant	Personal Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Payment Plan with Creditor

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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