Summary
The applicant, a 52-year-old male with 20 years of military service, faced security concerns under Guideline F due to delinquent debts and unpaid taxes. The applicant attributed his financial issues to a period of unemployment and demonstrated efforts to resolve his debts, leading to a decision to grant his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: in December 2003, Applicant discharged $77,338 of delinquent debts through Chapter 7 bankruptcy (1.a). the $5,321 credit card debt in SOR ¶ 1.b was charged off in 2011 (1.b). the $3,724 delinquent student loans in SOR ¶ 1.c are being resolved (1.c). the $3,374 delinquent student loans in SOR ¶ 1.d are being resolved (1.d). Applicant settled the $1,075 auto loan in SOR ¶ 1.e for $750 (1.e). Applicant settled the $854 credit card debt in SOR ¶ 1.f for $800 (1.f). Applicant owed a total of $3,351 for unpaid federal taxes for years 2012, 2013, and 2014, as alleged in SOR ¶¶ 1.g, 1.h, and 1.i (1.g).
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 resolved or is in the process of resolving all delinquent debts and unpaid taxes; He demonstrated a commitment to financial stability and candor during the hearing; The applicant's financial difficulties were largely attributed to a period of unemployment, which was beyond his control.
Why the Applicant Prevailed
- The applicant resolved or is in the process of resolving all delinquent debts and unpaid taxes.
- He demonstrated a commitment to financial stability and candor during the hearing.
- The applicant's financial difficulties were largely attributed to a period of unemployment, which was beyond his control.
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 Tax Returns
- AG ¶ 20(b)appliedConditions Beyond ControlThe applicant's financial difficulties were largely due to a long period of unemployment.
- AG ¶ 20(d)appliedGood-faith Effort to Repay DebtsThe applicant is making payments on student loans and has settled other debts.
- AG ¶ 20(g)appliedArrangements with Tax AuthorityThe applicant has made arrangements with the IRS and is in compliance with payment plans.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 16, 2017
- Answer filedMar 4, 2017
- Hearing heldAug 2, 2017Applicant testified pro se.
- Decision dateJan 16, 2018
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Unemployment
- Good-faith Efforts to Resolve Debts and Tax Obligations
- Consideration of the Whole-person Concept in Security Clearance Decisions