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ISCR 17-00974.h1: Guideline F security clearance hearing, granted (2018) · CASE

ISCR Case 17-00974.h1granted

Case headnote

ISCR Case No. 17-00974.h1

grantedFeb 2, 2018· Hon. Francisco Mendez· hearing

Summary

A 57-year-old information technology specialist was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). These concerns arose from past financial difficulties caused by unexpected legal, medical, and repair expenses.

The applicant successfully mitigated these issues by implementing a debt consolidation plan and providing documentation of payments made to resolve his debts. He demonstrated a favorable current financial situation, with all accounts paid as agreed and a credit score exceeding 800. Furthermore, the applicant showed transparency by self-reporting his financial issues to his supervisor and security manager.

The judge determined that the applicant's present financial stability and proactive resolution of past debts sufficiently mitigated the security concerns, leading to the clearance being granted.

Why the applicant prevailed

The applicant provided documentation of a debt consolidation plan and payments made to resolve debts.
He demonstrated a favorable current financial situation with all accounts paid as agreed and a credit score over 800.
The applicant self-reported his financial issues to his supervisor and security manager, showing transparency.

Conditions referenced

Mitigating

AG ¶ 20(a)appliedThe Behavior Was Not Recent and the Applicant Has Resolved the Issues.
AG ¶ 20(b)appliedThe Applicant Has a Good Reputation for Reliability and Trustworthiness.
AG ¶ 20(c)appliedThe Applicant Has Taken Positive Steps to Address Financial Issues.
AG ¶ 20(d)appliedThe Applicant's Current Financial Situation Does Not Raise Security Concerns.

Key rule quoted

“The record evidence leaves me with no questions or doubts about Applicant’s present eligibility for a security clearance.”

Procedural posture

SOR issuedMay 3, 2017
Answer filed—
Hearing heldFeb 1, 2018Summary disposition agreed upon by the Government.
Decision dateFeb 2, 2018

Cite for

Mitigating Conditions Under Guideline F for Resolved Financial Issues
Importance of Self-reporting Financial Difficulties
Evidence of Current Financial Stability as a Basis for Granting Security Clearance

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 exact sentence it comes from. Descriptive of the record, not an assessment.

Age at decision: 57: “Applicant is a 57-year-old married father of two.”
Tenure: ~12 years: “He is an information technology specialist and has been employed as a cleared federal contractor since at least 2006.”
Held a clearance before: Yes: “Applicant remains sponsored for a security clearance.”

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 resolved his financial issues through a debt consolidation plan and demonstrated a favorable financial situation, with all accounts paid as agreed and a credit score over 800. As a result, the judge ruled in favor of the applicant on all financial allegations, concluding that the applicant's current financial status does not raise security concerns.

The sub-allegation breakdown is part of the Professional plan. See what it includes.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation

Descriptive standardized rendering of a decided public case. 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. 17-00974 ) ) Applicant for Security Clearance

For Government: Aubrey M. De Angelis, Esq., Department Counsel For Applicant: Pro se

02/02/2018 ______________

Summary Decision ______________

MENDEZ, Francisco, Administrative Judge:

On May 3, 2017, the Department of Defense sent Applicant a Statement of Reasons (SOR) alleging security concerns under the financial considerations guideline. Applicant answered the SOR and requested a decision on the administrative (written) record. With his Answer, Applicant provided documentation regarding a debt consolidation plan (DCP) and the monthly payments he made from April 2014 through May 2017 to resolve his debts (as of the SOR, over $10,500 paid into the DCP).

On August 25, 2017, Department Counsel sent Applicant a file of relevant material (FORM). With the FORM, Department Counsel forwarded to Applicant eight exhibits, pre- marked Items 1 – 8. Applicant submitted a response and submitted a number of documents, which were collectively marked Item 9. Item 9 consists of further documentary proof of payments and resolution of past debts, as well as updated credit reports that reflect favorably on Applicant’s current financial situation (all accounts paid as agreed and over 800 credit score). Without objection, Items 1 – 9 are admitted into the record.

On January 17, 2018, I was assigned the case and subsequently received written confirmation that Applicant remains sponsored for a security clearance. After reviewing the evidence, I contacted the parties and informed them that, unless an objection was raised, I intended to fairly, quickly, and efficiently resolve the case through summary disposition. On February 1, 2018, Department Counsel noted that the Government did not object to summary disposition in this case. (Exhibit I.) Applicant is a 57-year-old married father of two. He and his wife will be celebrating their 35th wedding anniversary in March. He and his wife have permanent guardianship of their granddaughter and recently went through the legal expense of adopting her. He is an information technology specialist and has been employed as a cleared federal contractor since at least 2006. He holds a good reputation at his job for his work, technical knowledge, reliability, and trustworthiness.

Applicant experienced financial trouble when he was hit with a number of unanticipated legal, medical, and car and house repair bills. He started to rely on credit cards to pay his bills but, when he fell behind 30 days on one of his credit cards, the interest rate on all them increased. He started accumulating delinquent debt. He and his wife then moved in with his mother-in-law to cut down on expenses. He was able to address and resolve a number of his debts, including a $9,000 legal bill for his granddaughter’s adoption, on his own. In approximately May 2014, he hired a debt consolidation firm to help him resolve his remaining credit card debt. In June 2014, Applicant self-reported his financial problems and that he was considering resolving his outstanding debt through a DCP to his supervisor and security manager. He also reported the information on his June 2015 security clearance application and discussed his financial issues during his security clearance investigation. He provided documentation with his Answer and FORM Response showing that he addressed and resolved his past financial problems. His present financial situation does not raise a security concern. The mitigating conditions listed at Adjudicative Guidelines ¶¶ 20(a) – 20(d) apply. Overall, the record evidence leaves me with no questions or doubts about Applicant’s present eligibility for a security clearance.

FORMAL FINDINGS

Formal findings for or against Applicant on the allegations set forth in the SOR, as required by section E3.1.25 of Enclosure 3 of the Directive, are:

Paragraph 1, Guideline F (Financial Considerations): FOR APPLICANT

Subparagraphs 1.a – 1.c: For Applicant

CONCLUSION

In light of the record evidence, it is clearly consistent with the interests of national security to grant Applicant initial or continued eligibility for access to classified information. Applicant’s request for a security clearance is granted.

____________________ Francisco Mendez Administrative Judge