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ISCR Case 17-00943.h1 — CASE

ISCR Case 17-00943.h1granted

Case Headnote

ISCR Case No. 17-00943.h1

grantedJan 25, 2018· Hon. LeRoy F. Foreman· hearing

Summary

A pro se applicant was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons cited three delinquent debts, raising disqualifying conditions related to financial irresponsibility and an unwillingness to meet financial obligations.

However, the applicant successfully demonstrated mitigating factors. Their financial difficulties were attributed to periods of unemployment and underemployment, circumstances largely beyond their control. Crucially, the applicant showed a good-faith effort to resolve these issues.

Specifically, one debt was paid in full, and regular payments were being made on the remaining two. The judge concluded that these actions, coupled with the external causes of the financial strain, made granting the clearance consistent with the national interest.

Why the Applicant Prevailed

The applicant demonstrated a good-faith effort to repay creditors.
The applicant's financial difficulties were due to conditions beyond her control, including unemployment.
The applicant paid one debt in full and was making payments on the other two debts.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(b)appliedConditions Beyond the Applicant's Control
AG ¶ 20(d)appliedGood-faith Effort to Repay Creditors

Key Rule Quoted

“The applicant has met her burden of persuasion to show that it is clearly consistent with the national interest to grant her eligibility for access to classified information.”

Procedural Posture

SOR issuedApr 27, 2017
Answer filed—
Hearing heldJan 17, 2018
Decision dateJan 25, 2018

Cite For

Mitigating Conditions for Financial Difficulties Under Guideline F
Good-faith Efforts to Repay Debts
Impact of Unemployment on Financial Obligations

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant had three delinquent debts, which she admitted were due to periods of unemployment and underemployment. The applicant demonstrated a good-faith effort to repay her debts, having paid one in full and made payment arrangements for the others, leading to a decision in her favor.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	three delinquent debts	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Documented Other
1.b–1.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Descriptive standardized rendering of a decided public case (Guideline F). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS

In the matter of: ) ) [Redacted] ) ISCR Case No. 17-00943 ) Applicant for Security Clearance )

For Government: Julie Mendez, Esq., Department Counsel For Applicant: Pro se

01/25/2018 ______________

DECISION

______________

FOREMAN, LeRoy F., Administrative Judge:

Applicant submitted a security clearance application on August 8, 2016. On April 27, 2017, the Department of Defense Consolidated Adjudications Facility (DOD CAF) sent her a statement of reasons (SOR), alleging security concerns under Guideline F (Financial Considerations). The DOD CAF acted under Executive Order (Exec. Or.) 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 (AG) implemented by the DOD on September 1, 2006.1 Applicant timely answered the SOR and requested a hearing.

The case was assigned to me on December 12, 2017, and I conducted the hearing as scheduled on January 17, 2018. On the same day, I notified Department Counsel that I intended to issue a summary disposition in Applicant’s favor. Department Counsel did not object.

The SOR alleged three delinquent debts, which Applicant admitted, thereby establishing the disqualifying conditions in AG ¶¶ 19(a) (inability to satisfy debts) and 19(c) (a history of not meeting financial obligations). Applicant’s debts were caused by periods of unemployment and underemployment. She presented documentary evidence that she paid one debt in full and was making payments pursuant to payment agreements for the other two debts, thereby establishing the mitigating conditions in AG ¶¶ 20(b) (conditions beyond her control) and 20(d) (good-faith effort to repay creditors).

I conclude that Applicant has met her burden of persuasion to show that it is clearly consistent with the national interest to grant her eligibility for access to classified information. Clearance is granted.

LeRoy F. Foreman Administrative Judge

FOOTNOTES

1 Security Executive Agent Directive 4 (SEAD 4), was issued on December 10, 2016, revising the 2006 adjudicative guidelines for all adjudicative decisions issued on or after June 8, 2017. The SEAD 4 revision of the adjudicative guidelines did not affect my recommended decision in this case.