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ISCR Case 23-01861 — CASE

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ISCR Case 23-01861

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

Case Profile
Decision Date10/15/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert E. Coacher
Government Counsel: Karen A. Moreno-Sayles
Case Summary
The applicant in this case was a 51-year-old network engineer employed by a federal contractor since 2017. He faced security concerns under Guideline F, related to financial considerations, as outlined in a Statement of Reasons (SOR) issued by the Defense Counterintelligence and Security Agency. The SOR detailed six delinquent debts totaling approximately $21,423, which the applicant attributed to financial difficulties stemming from a contentious divorce from his second wife.
During the proceedings, the applicant admitted to the allegations in the SOR but provided explanations for his financial situation. He indicated that his ex-wife had incurred debts during their marriage, which she was responsible for under their divorce agreement. The applicant took steps to resolve some debts, including settling two of them prior to the SOR issuance and making arrangements for others. He demonstrated a monthly income of approximately $10,200 against expenses of $8,700, leaving him with a surplus to address his debts. Character statements from colleagues and family members attested to his reliability and trustworthiness.
The administrative judge ruled in favor of the applicant, concluding that he had mitigated the financial concerns. The judge noted the applicant's proactive efforts to resolve his debts and the absence of any other delinquent debts, ultimately determining that the applicant's financial issues did not pose a significant risk to national security.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
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Case Headnote

ISCR Case No. 23-01861

grantedOct 15, 2024· Hon. Robert E. Coacher· hearing

Summary

A 51-year-old federal contractor and veteran was granted a security clearance despite concerns under Guideline F (Financial Considerations). The Statement of Reasons alleged six delinquent debts totaling approximately $21,423. These included a credit card for travel, a car loan for a vehicle used by the applicant's former spouse (W2), a credit card for car parts for W2's vehicle, and two joint account debts with W2 that remained unresolved after divorce negotiations. These issues raised Disqualifying Conditions AG ¶ 19(a) and AG ¶ 19(c).

The administrative judge found that the applicant successfully mitigated these concerns by demonstrating good faith efforts to resolve the delinquent debts. Mitigating Conditions AG ¶ 20(b), AG ¶ 20(d), and AG ¶ 20(e) were applied.

The judge concluded that the financial difficulties were largely due to circumstances beyond the applicant's control, specifically a contentious divorce. Additionally, favorable character references supported the applicant's reliability and trustworthiness. Based on these factors, the applicant was granted eligibility for access to classified information.

Why the Applicant Prevailed

The applicant demonstrated good faith efforts to resolve delinquent debts.
Favorable character references supported the applicant's reliability and trustworthiness.
The financial issues were largely attributed to circumstances beyond the applicant's control, specifically a contentious divorce.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 20(b)appliedConditions Beyond ControlThe financial problems were largely due to a contentious divorce.
AG ¶ 20(d)appliedGood Faith Effort to Repay DebtsThe applicant initiated and adhered to efforts to resolve debts.
AG ¶ 20(e)appliedDispute Legitimacy of DebtsThe applicant provided evidence of disputes regarding some debts.

Key Rule Quoted

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

Procedural Posture

SOR issuedAug 24, 2023
Answer filedDec 4, 2023
Hearing heldJul 11, 2024via video teleconferencing
Decision dateOct 15, 2024

Cite For

Mitigation of Financial Concerns Under Guideline F
Good Faith Efforts to Resolve Debts as a Mitigating Factor
Impact of Personal Circumstances on Financial Obligations

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 six delinquent debts totaling approximately $21,423, primarily resulting from a contentious divorce. The applicant successfully mitigated the financial concerns by resolving several debts and demonstrating a commitment to addressing his financial obligations.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant had six delinquent debts totaling approximately $21,423. $21,423	For Applicant	Unspecified Financial	Admitted	—	—	—
1.b	Applicant contracted for a credit card in approximately 2000 for travel purposes, which was not paid by W2 after divorce. $4,256	For Applicant	Credit Card Debt	Admitted	—	—	—
1.c	Debt from a loan secured to buy a car for W2, which she wrecked before paying the loan. $3,910	For Applicant	Auto Loan Debt	Admitted	—	—	—
1.d	Credit card used to purchase wheels and tires for W2's car, which was W2's responsibility per divorce settlement. $1,981	For Applicant	Credit Card Debt	Admitted	—	—	—
1.e	Joint account debts with W2 that were unresolved after divorce negotiations. $1,515	For Applicant	Unspecified Financial	Admitted	—	—	—
1.f	Another joint account debt with W2 that was unresolved after divorce negotiations. $469	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

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