A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 17-01063.h1
GrantedDecided Aug 11, 2017 · Administrative Judge Edward W. Loughran · Hearing
Case headnote
Summary
The applicant, a former U.S. military member, faced security concerns under Guideline F due to financial issues. After demonstrating significant efforts to resolve her debts and having a credible plan for future financial stability, the judge granted her security clearance, concluding that her financial problems did not undermine her reliability or trustworthiness.
Why the applicant prevailed
- The applicant demonstrated significant efforts to resolve her financial debts.
- She provided credible testimony about her plan to continue addressing her financial issues.
- The judge found that her financial problems did not create doubt about her 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 applicant's control.applied
- AG ¶ 20(d) The applicant 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
- May 2, 2017
- Answer filed
- May 30, 2017
- Hearing held
- July 20, 2017
- Decision date
- August 11, 2017 Proposed summary disposition in favor of applicant.
Cite for
- Mitigation of Financial Issues Under Guideline F
- Whole-person Concept in Security Clearance Decisions
- Good-faith Efforts to Resolve Financial Problems
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.
- Years in Industry
- 1
- Payment Plan
- yes
- Bankruptcy
- none
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. 17-01063 ) Applicant for Security Clearance )
For Government: Jeff A. Nagel, Esq., Department Counsel For Applicant: Pro se
08/11/2017 ______________
Decision
______________
LOUGHRAN, Edward W., Administrative Judge:
On May 2, 2017, the Department of Defense (DOD) issued a Statement of Reasons to Applicant detailing security concerns under Guideline F, financial considerations.1 Applicant responded to the SOR on May 30, 2017, and requested a hearing before an administrative judge. The case was assigned to me on July 10, 2017. The hearing was held as scheduled on July 20, 2017. On August 1, 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 served honorably in the U.S. military from 2008 to 2013. She had periods of unemployment and underemployment after her discharge. She was also involved in a costly custody battle for her child. Since she obtained her current job in March 2016, she has paid, settled, or otherwise resolved a number of the debts in the Statement of Reasons. She credibly testified that she will continue her efforts to resolve her financial problems. She still has work to do, but I am satisfied that she has a plan to resolve her financial problems, and that she 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), 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.
________________________ 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.