Summary
The applicant, a 48-year-old female with a history of financial difficulties stemming from a tumultuous divorce, sought a security clearance under Guideline F. Despite having several delinquent debts, she demonstrated a good-faith effort to resolve her financial issues, including entering into payment plans and maintaining current payments on her obligations. The judge granted her eligibility for access to classified information, finding that she mitigated the financial considerations security concerns.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: for a May 2014 state tax lien of $2,323 for unpaid taxes for tax years 2012 to 2015 (1.a). for a $5,500 debt to a prior landlord that was referred to collection (1.b). for a delinquent gas and electric bill for $151 (1.c). for a charged-off auto account of $16,429, for a car that was repossessed in August 2016 (1.d). for delinquent credit card debts of $2,386 (1.e). for a delinquent mortgage of $16,105, on a total loan balance of $412,770, for a home she purchased in January 2016 (1.f). for delinquent credit card debts of $975 (1.g). for delinquent credit card debts of $313 (1.h).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(f). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(g). The decision turned on the following: The applicant demonstrated a good-faith effort to resolve her financial issues through payment plans and consistent payments; She provided evidence of her financial stability, including a recent salary increase and no new delinquent debts; The financial difficulties were largely attributed to circumstances beyond her control, such as her ex-husband's failure to meet financial obligations.
Why the applicant prevailed
- The applicant demonstrated a good-faith effort to resolve her financial issues through payment plans and consistent payments.
- She provided evidence of her financial stability, including a recent salary increase and no new delinquent debts.
- The financial difficulties were largely attributed to circumstances beyond her control, such as her ex-husband's failure to meet financial obligations.
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(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(g)appliedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount Owed and Is in Compliance with Those Arrangements
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 issuedMay 16, 2017
- Answer filedJun 16, 2017
- Hearing heldFeb 21, 2018
- Decision dateApr 26, 2018
Cite for
- Mitigation of Financial Considerations Under Guideline F
- Good-faith Efforts to Resolve Debts
- Impact of Personal Circumstances on Financial Obligations