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Summary

The applicant, a 32-year-old single mother of two, faced concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to a history of financial difficulties and a failure to disclose a prior arrest and delinquent debts on her security clearance application. The judge found that the applicant mitigated these concerns through her proactive steps in financial management and her credible testimony regarding her past conduct, ultimately granting her national security eligibility.

Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant failed to disclose a 2002 arrest for battery, disorderly conduct, and use of dangerous weapon in her 2016 e-QIP (2.a). Applicant failed to disclose any of her delinquent SOR debts in her 2016 e-QIP (2.b). Applicant stated that the $2,449 cell phone debt is not her debt. She said that her former boyfriend stole her personal information and used it for identify theft. She is trying to get help resolving the debt through the debt management company (1.a). The $356 debt is owed to a utility company (1.b). The $690 debt is an old debt owed to a child care center. Applicant has made payments on the debt in 2014, 2015, 2016, and 2017. The balance is $465. It is now being resolved through monthly payments (1.c). The $499 debt is to a payday loan. It became delinquent in 2013. She intends to resolve it (1.d). The $256 debt is owed to a gas company. Applicant denies that she owes the debt. She said it was resolved, and she is a current customer of that company and has no balance (1.e). The $4,825 medical debt arose in 2015 when she was in a car accident and did not have medical insurance. She is asking for a forgiveness agreement for these medical bills (1.f). The $18,435 medical debt arose in 2015 when she was in a car accident and did not have medical insurance. She is asking for a forgiveness agreement for these medical bills (1.g). The $345 medical debt arose in 2015 when she was in a car accident and did not have medical insurance. She is asking for a forgiveness agreement for these medical bills (1.h).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant demonstrated a commitment to resolving her financial issues through a debt management program; She provided credible testimony regarding her past conduct and financial difficulties, showing no intent to mislead the government; The applicant's financial problems were largely due to circumstances beyond her control, such as a lack of financial education and a medical emergency.

Why the Applicant Prevailed

• The applicant demonstrated a commitment to resolving her financial issues through a debt management program.
• She provided credible testimony regarding her past conduct and financial difficulties, showing no intent to mislead the government.
• The applicant's financial problems were largely due to circumstances beyond her control, such as a lack of financial education and a medical emergency.

Conditions Referenced

Key Rule Quoted

“A trustworthiness adjudication is not a debt collection procedure. It is a procedure designed to evaluate an applicant’s judgment, reliability, and trustworthiness.”

Procedural Posture

• SOR issuedJan 25, 2017
• Answer filedFeb 4, 2017
• Hearing heldMay 16, 2017Applicant testified and submitted additional documents.
• Decision dateSep 1, 2017

Cite For

• Mitigation of Financial Concerns Under Guideline F Due to Proactive Financial Management
• Consideration of Personal Circumstances in Evaluating Trustworthiness
• The Importance of Credible Testimony in Personal Conduct Cases