A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 17-00871.h1
GrantedDecided Mar 1, 2018 · Administrative Judge Nichole L. Noel · Hearing
Case headnote
Summary
The applicant, a long-time security clearance holder, faced financial concerns under Guideline F due to alleged debts totaling approximately $88,762. The judge found that the applicant successfully mitigated these concerns by demonstrating that the reported debts were inaccurate and that her financial obligations were current and in good standing, resulting in a granted security clearance.
Why the applicant prevailed
- The applicant provided evidence that the alleged debts were based on incorrect reporting by the credit bureau.
- The creditor confirmed that the mortgage loans were current and not in foreclosure status.
- The applicant's financial history did not create doubt about her reliability and trustworthiness.
Conditions referenced
Disqualifying
- AG ¶ 19 (a) Inability to satisfy debtsraised
- AG ¶ 19 (c) History of financial problemsraised
Mitigating
- AG ¶ 20 (d) The individual has received counseling for the problem and has made a good faith effort to repay the debts.applied
- AG ¶ 20 (e) The individual has a reasonable basis to dispute the legitimacy of the debt.applied
Key rule quoted
“The applicant has met her ultimate burden of production and persuasion to show that it is clearly consistent with the national interest to grant her continued eligibility for access to classified information.”
Procedural posture
- SOR issued
- May 1, 2017
- Answer filed
- Hearing held
- February 15, 2018
- Decision date
- March 1, 2018
Cite for
- Mitigation of Financial Concerns Under Guideline F
- Disputing the Legitimacy of Debts
- Whole-person Concept in Security Clearance Evaluations
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.
- Prior Clearance
- held
- Delinquent Usd
- 88762
- Bankruptcy
- none
Allegations under Guideline F
Reading the 2 per allegation rows needs a free account.
2 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. 17-00871 ) Applicant for Security Clearance )
For Government: Robert Blazewick, Esq., Department Counsel For Applicant: Pro se
03/01/2018 ______________
Decision
______________
NOEL, Nichole, Administrative Judge:
On May 1, 2017, the Department of Defense (DOD) issued a Statement of Reasons (SOR) detailing security concerns under the financial considerations guideline.1 DOD adjudicators were unable to find that it is clearly consistent with the national interest to continue Applicant’s security clearance and recommended that the case be submitted to an administrative judge to determine whether to revoke her security clearance. Applicant timely responded to the SOR and requested a hearing.
The hearing was held on February 15, 2018. After the close of the record, I proposed to the parties that this case was appropriate for a summary disposition in Applicant’s favor. Neither party objected.2 The SOR alleged that Applicant was indebted to six creditors for approximately $88,762. The Government withdrew SOR allegation 1.c ($1,507). The largest remaining debt for $85,328, is the past-due balance on two mortgage loans held by one creditor. According to the May 2016 credit report obtained by the Government, one of the mortgage accounts was 120 days past due and in foreclosure status. Relying on this information, the Government had a good-faith basis for the SOR allegation and established a prima facie case that Applicant exhibited a history of financial problems and an inability to repay her creditors. AG ¶¶ 19 (a) and (c) apply. However, Applicant provided evidence to mitigate the alleged financial concerns. The allegation related to the mortgage loans was based on incorrect reporting by the credit bureau. The creditor confirmed that over the history of the loans, neither has been $88,000 in arrears nor in foreclosure status. Both loans are current and in good standing. The remaining alleged debts total approximately $1,927 and have been paid. AG ¶¶ 20 (d) and (e) apply.
Applicant’s financial history does not create doubt about her current reliability, trustworthiness, good judgment, and ability to protect classified information. I also gave due consideration to the whole-person concept. Applicant has held a security clearance continuously since 1998, without incident. She has met her ultimate burden of production and persuasion to show that it is clearly consistent with the national interest to grant her continued eligibility for access to classified information.
Nichole L. Noel Administrative Judge
Footnotes
1 The DOD acted under Executive Order (EO) 10865, Safeguarding Classified Information within Industry, signed by President Eisenhower on February 20, 1960, as amended; as well as DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program, dated January 2, 1992, as amended (Directive), and the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information, implemented on September 1, 2006.
2 Hearing Exhibit III.