Summary
This case concerns a 53-year-old retired U.S. Navy veteran and current senior vice president for a Department of Defense contractor, whose eligibility for a security clearance was initially questioned under Guideline F (Financial Considerations). The applicant faced concerns due to six delinquent debts totaling approximately $77,700, which raised Disqualifying Conditions AG ¶ 19(a) and AG ¶ 19(c).
The applicant successfully mitigated these concerns by demonstrating a good-faith effort to resolve his financial issues. He entered into a payment agreement to rehabilitate delinquent student loans, making consistent payments since January 2018. Additionally, he resolved two other debts and disputed the legitimacy of a third, which his insurance provider was challenging.
The judge found that the applicant's financial difficulties were largely attributable to circumstances beyond his control, specifically family medical expenses and a market downturn. Applying Mitigating Conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), and AG ¶ 20(e), the judge determined that the applicant had sufficiently addressed the security concerns. As a result, the applicant was granted eligibility for a security clearance.
Why the Applicant Prevailed
- The applicant entered into a payment agreement to rehabilitate delinquent student loans and has made consistent payments since January 2018.
- The applicant resolved two additional debts and disputed the legitimacy of one debt, which was being challenged by his insurance provider.
- The applicant's financial issues were largely due to circumstances beyond his control, including family medical expenses and a market downturn.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened Long Ago or Under Unlikely Circumstances to Recur
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)appliedDisputed Debt with Credible Explanation
Key Rule Quoted
“The ultimate determination of whether to grant eligibility for a security clearance must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”
Procedural Posture
- SOR issuedMay 25, 2017
- Answer filed—
- Hearing heldNov 16, 2017
- Decision dateMay 29, 2018
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Good-faith Efforts in Resolving Delinquent Debts
- Consideration of the Whole-person Concept in Security Clearance Decisions