A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 17-00252.h1
GrantedDecided Jul 6, 2017 · Administrative Judge Robert E. Coacher · Hearing
Case headnote
Summary
The applicant, a pro se individual, faced security concerns under Guideline F due to financial issues, including tax liabilities and a past bankruptcy. The applicant demonstrated resolution of these issues through an offer and compromise agreement with the IRS and payment plans for state taxes, leading to a favorable decision.
Why the applicant prevailed
- The applicant resolved her federal tax liability through an offer and compromise agreement.
- She provided proof of payment for state tax debts and settled a mortgage deficiency debt.
- The applicant's past Chapter 7 bankruptcy was deemed remote and not indicative of current financial reliability.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent and the applicant has shown a good faith effort to resolve debts.applied
- AG ¶ 20(b) The applicant has made significant efforts to pay off her debts and has established a payment plan.applied
- AG ¶ 20(c) The applicant's financial problems were due to circumstances beyond her control, including bad advice from a financial representative.applied
- AG ¶ 20(d) The applicant has demonstrated a track record of financial responsibility since resolving her debts.applied
Key rule quoted
“I conclude that the security concerns are mitigated under the following mitigating conditions: AG ¶¶ 20(a), 20(b), 20(c), and 20(d).”
Procedural posture
- SOR issued
- February 2, 2017
- Answer filed
- February 21, 2017
- Hearing held
- June 22, 2017
- Decision date
- July 6, 2017 Proposed summary disposition in applicant's favor on June 29, 2017.
Cite for
- Mitigation of Financial Issues Under Guideline F
- Resolution of Tax Liabilities Through Offer and Compromise Agreements
- Consideration of Remote Bankruptcy in Security Clearance Decisions
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.
- Payment Plan
- yes
- Bankruptcy
- discharged
Allegations under Guideline F
Reading the 4 per allegation rows needs a free account.
4 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
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Decision text, by section
Appearances
DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS
In the matter of: ) ) ) ISCR Case No. 17-00252 ) Applicant for Security Clearance )
For Government: Andrew Henderson, Esq., Department Counsel For Applicant: Pro se
07/06/2017 ______________
Decision
______________
COACHER, Robert E., Administrative Judge:
On February 2, 2017, the Department of Defense (DOD) issued a Statement of Reasons (SOR) to Applicant detailing security concerns under Guideline F, financial considerations. The action was taken 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 (AG).1
Applicant responded to the SOR on February 21, 2017, and requested a hearing before an administrative judge. The case was assigned to me on April 20, 2017. The hearing was held as scheduled on June 22, 2017. On June 29, 2017, I proposed that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object.
Applicant presented documentation showing that she paid her federal tax liability through an offer and compromise agreement finalized in June 2017. The negotiations with the IRS were ongoing for several years. The tax liability was not initially paid because of bad advice given to Applicant by a financial representative. She paid a state tax debt for 2015 and set up a payment plan to resolve her remaining state tax liability for 2013. She provided proof of settlement of a mortgage deficiency debt and Applicant’s Chapter 7 bankruptcy from 2003 is remote. 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 her 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 she met her ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant her eligibility for access to classified information. This case is decided for Applicant.
________________________ Robert E. Coacher Administrative Judge
Footnotes
1 I decided this case using the AG implemented by DOD on June 8, 2017. However, I also considered this case under the previous AG implemented on September 1, 2006, and my conclusions are the same using either set of AG.