Summary
The applicant, a 48-year-old configuration management principal leader, faced security concerns under Guideline F due to significant delinquent debts, including unpaid medical bills and a mortgage in foreclosure. Despite these issues, the applicant demonstrated credible efforts to address her financial situation, including settling some debts and paying her 2013 federal taxes. The judge ultimately granted the security clearance, believing the applicant would resolve her financial problems over time.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Account is past-due by $40,776 with a total loan balance of $120,522 (1.a). Charged-off account ($2,543) – No evidence of payment (1.b). Medical delinquent account ($1,880) – Unpaid (1.c). Medical delinquent account ($1,312) – Unpaid (1.d). Collection account – ($1,153) – Settled (1.e). Medical delinquent accounts ($1,523) – Unpaid (1.f). Medical delinquent accounts ($1,523) – Unpaid (1.g). Medical delinquent accounts ($1,523) – Unpaid (1.h). Medical delinquent accounts ($1,523) – Unpaid (1.i). Medical delinquent accounts ($1,523) – Unpaid (1.j). Adverse judgment ($9,506) – Settled (1.k). Adverse judgment ($2,461) – Duplicate account (1.l). Adverse judgment ($3,571) – Settled (1.m). Failure to pay 2013 federal taxes – Paid (1.n).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c), AG ¶ 19(f). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(g). The decision turned on the following: The applicant provided evidence of having settled several debts and paid her 2013 federal taxes; The applicant's financial issues were largely due to circumstances beyond her control, including health problems and a bad tenant; The applicant demonstrated credibility and a commitment to resolving her financial issues.
Why the applicant prevailed
- The applicant provided evidence of having settled several debts and paid her 2013 federal taxes.
- The applicant's financial issues were largely due to circumstances beyond her control, including health problems and a bad tenant.
- The applicant demonstrated credibility and a commitment to resolving her financial issues.
Conditions referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Income Tax Returns
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(g)appliedArrangements with Tax Authority
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedMay 23, 2016
- Answer filedJun 13, 2016
- Hearing heldJun 13, 2017
- Decision dateMar 30, 2018
Cite for
- Application of Mitigating Conditions Under Guideline F
- Consideration of Circumstances Beyond the Applicant's Control in Financial Issues
- Importance of Credibility and Good-faith Efforts in Financial Matters