Summary
A 42-year-old naturalized U.S. citizen, originally from Africa, was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons detailed several financial issues, including delinquent child support totaling $18,971 for one child and $13,924 for two other children, both owed to different counties in State B.
Additional debts included a $294 past-due auto account, a $985 phone account in collection, a $681 charged-off debt to the federal government, a May 2012 state tax lien for $1,356, and a $332 internet account in collection. These issues raised disqualifying conditions under Adjudicative Guidelines Paragraphs 19(a), 19(b), and 19(f).
However, the applicant demonstrated significant mitigating factors. He increased wage garnishments for child support, resolved several debts before the hearing, and committed to resolving the remaining obligations. His financial difficulties were largely attributed to circumstances beyond his control, such as limited income and periods of unemployment, leading to the application of mitigating conditions under Adjudicative Guidelines Paragraphs 20(b), 20(c), and 20(d), and ultimately, the granting of his security clearance.
Why the Applicant Prevailed
- The applicant took significant steps to address his financial obligations, including increasing wage garnishments for child support.
- He resolved several debts prior to the hearing and demonstrated a commitment to continuing to resolve remaining debts.
- The applicant's financial issues were largely attributed to circumstances beyond his control, such as limited income and periods of unemployment.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(c)appliedThe Individual Has Received or Is Receiving Financial Counseling for the Problem
- AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“A security clearance adjudication is an evaluation of an individual’s judgment, reliability, and trustworthiness. It is not a debt-collection procedure.”
Procedural Posture
- SOR issuedMar 24, 2017
- Answer filedApr 18, 2017
- Hearing heldApr 18, 2018
- Decision dateAug 29, 2018
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Good-faith Efforts to Resolve Debts
- Impact of Circumstances Beyond Control on Financial Obligations