Summary
The applicant, a 52-year-old defense contractor and former law enforcement officer, faced financial considerations under Guideline F due to several delinquent debts stemming from his divorce. The judge found that the applicant had made a good-faith effort to resolve his debts and mitigated the security concerns, ultimately granting him eligibility for a security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: a delinquent student loan of $49,202 (1.a). a delinquent charge account of $3,681 (1.b). a delinquent telephone account of $774 (1.c). three delinquent medical accounts of $15 each (1.d). three delinquent medical accounts of $15 each (1.e). three delinquent medical accounts of $15 each (1.f). a $2,839 judgment entered against Applicant in 2015 (1.g).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant demonstrated a good-faith effort to resolve his delinquent debts; He provided evidence of payments made towards his debts and a plan to continue resolving them; The financial issues were largely due to circumstances beyond his control, including his ex-wife's unemployment and refusal to assist with debts.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve his delinquent debts.
- He provided evidence of payments made towards his debts and a plan to continue resolving them.
- The financial issues were largely due to circumstances beyond his control, including his ex-wife's unemployment and refusal to assist with debts.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened 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(e)appliedReasonable Basis to Dispute Legitimacy of Past-due Debt
Key Rule Quoted
“A security clearance adjudication is an evaluation of an individual’s judgment, reliability, and trustworthiness. It is not a debt-collection procedure.”
Procedural Posture
- SOR issuedSep 7, 2016
- Answer filedNov 1, 2016
- Hearing heldJun 14, 2017
- Decision dateAug 9, 2017
Cite For
- Good-faith Efforts to Resolve Financial Issues Under Guideline F
- Impact of Personal Circumstances on Financial Obligations
- Application of Mitigating Conditions in Financial Considerations Cases