A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 16-03384.h1
GrantedDecided Jul 14, 2017 · Administrative Judge Edward W. Loughran · Hearing
Case headnote
Summary
The applicant, a defense contractor, faced security concerns under Guideline F due to financial issues, including defaulted loans and medical debts. He demonstrated significant progress in resolving these debts and presented a credible plan for continued financial management, leading to a favorable decision.
Why the applicant prevailed
- The applicant resolved about two thirds of the debts alleged in the SOR.
- He credibly testified about his ongoing efforts to address his financial problems.
- The judge found that the applicant's financial issues did not create doubt about his reliability and trustworthiness.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent.applied
- AG ¶ 20(b) The conditions that resulted in the financial problems were largely beyond the person's control.applied
- AG ¶ 20(c) The person has received or is receiving counseling for the problem.applied
- AG ¶ 20(d) The person has initiated a good-faith effort to repay overdue creditors or otherwise resolve debts.applied
Key rule quoted
“I also gave due consideration to the whole-person concept.”
Procedural posture
- SOR issued
- December 8, 2016
- Answer filed
- January 17, 2017
- Hearing held
- June 30, 2017
- Decision date
- July 13, 2017 Proposed summary disposition in favor of applicant.
Cite for
- Mitigation of Financial Issues Under Guideline F
- Significant Action Taken to Resolve Debts
- Whole-person Concept in Security Clearance Determinations
Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.
From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
- Delinquent Usd
- 6080
- Payment Plan
- yes
- Bankruptcy
- none
Allegations under Guideline F
Reading the 5 per allegation rows needs a free account.
5 rows in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
Open original PDFThe complete official text, footnotes and signatures included, is in the original PDF.
Decision text, by section
Appearances
DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS
In the matter of: ) ) ) ISCR Case No. 16-03384 ) Applicant for Security Clearance )
For Government: Bryan J. Olmos Esq., Department Counsel For Applicant: Pro se
07/14/2017 ______________
Decision
______________
LOUGHRAN, Edward W., Administrative Judge:
On December 8, 2016, the Department of Defense (DOD) issued a Statement of Reasons (SOR) to Applicant detailing security concerns under Guideline F, financial considerations.1 Applicant responded to the SOR on January 17, 2017, and requested a hearing before an administrative judge. The case was assigned to me on May 12, 2017. The hearing was held as scheduled on June 30, 2017. On July 13, 2017, I proposed to the parties that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object.
Applicant had periods of unemployment and underemployment. He decided that his best option for correcting his financial issues was to return to school and learn the skills that enabled him to be hired by a defense contractor in March 2014. The Statement of Reasons (SOR) alleges a $6,080 defaulted student loan; $4,711 owed for the deficiency on an auto loan after the car was repossessed; $5,226 owed to apartment complexes after broken leases; ten medical debts totaling $2,083; and two telecommunications debts totaling $948. Since he obtained his current job, he has paid, settled, or otherwise resolved about two thirds of the debts alleged in the SOR. He credibly testified that he will continue his efforts to resolve his financial problems. He still has work to do, but I am satisfied that he has a plan to resolve his financial problems, and that he has taken significant action to implement that plan. Based on the record evidence as a whole, I conclude that the security concerns are mitigated under the following mitigating conditions: AG ¶¶ 20(a), 20(b), 20(c), and 20(d).
The concerns over Applicant’s history of financial problems do not create doubt about his current reliability, trustworthiness, good judgment, and ability to protect classified information. In reaching this conclusion, I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence. I also gave due consideration to the whole-person concept. Accordingly, I conclude that he met his ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant him eligibility for access to classified information. This case is decided for Applicant.
________________________ Edward W. Loughran Administrative Judge
Footnotes
1 This case is adjudicated under Executive Order (EO) 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative guidelines, which became effective on June 8, 2017.