A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 17-01669.h1
GrantedDecided Feb 8, 2018 · Administrative Judge Edward W. Loughran · Hearing
Case headnote
Summary
The applicant, a pro se individual, faced security concerns under Guideline F due to financial issues stemming from her husband's unemployment and her unsuccessful law practice. She successfully settled her debts, including the largest one alleged in the Statement of Reasons, and established a plan to resolve her financial problems. The judge found that the applicant's actions mitigated the security concerns, leading to a granted security clearance.
Why the applicant prevailed
- Applicant settled the largest debt alleged in the SOR.
- Creditors issued IRS Forms 1099-C forgiving the two smaller debts.
- Applicant established and implemented a plan to resolve her financial problems.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent and the applicant has taken positive steps to address the financial issues.applied
- AG ¶ 20(b) The applicant has demonstrated a good-faith effort to repay her debts.applied
- AG ¶ 20(d) The applicant has resolved the debts and is no longer in financial distress.applied
Key rule quoted
“The concerns over Applicant’s history of financial problems do not create doubt about her current reliability, trustworthiness, good judgment, and ability to protect classified information.”
Procedural posture
- SOR issued
- June 2, 2017
- Answer filed
- June 27, 2017
- Hearing held
- January 24, 2018
- Decision date
- February 8, 2018 Proposed summary disposition in Applicant’s favor.
Cite for
- Mitigation of Financial Issues Under Guideline F
- Good-faith Efforts to Resolve Debts
- Whole-person Concept in Security Clearance Determinations
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.
- Payment Plan
- yes
- Bankruptcy
- none
Allegations under Guideline F
Reading the 3 per allegation rows needs a free account.
3 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. 17-01669 ) Applicant for Security Clearance )
For Government: Alison O’Connell, Esq., Department Counsel For Applicant: Pro se
02/08/2018 ______________
Decision
______________
LOUGHRAN, Edward W., Administrative Judge:
On June 2, 2017, the Department of Defense (DOD) issued a Statement of Reasons to Applicant detailing security concerns under Guideline F, financial considerations.1 Applicant responded to the SOR on June 27, 2017, and requested a hearing before an administrative judge. The case was assigned to me on December 14, 2017. The hearing was held as scheduled on January 24, 2018. On February 6, 2018, I proposed to the parties that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object.
Applicant's financial problems were caused by her husband’s unemployment and her unsuccessful attempt to make a living through her private law practice. She paid, settled, or otherwise resolved a number of debts that were not alleged in the Statement of Reasons (SOR). Of the three debts alleged in the SOR, she settled the largest debt, and the creditors for the two smaller debts issued IRS Forms 1099-C (Cancellation of Debt) forgiving the debts. She established a plan to resolve her financial problems, and she took significant action to implement that plan. Based on the record evidence as a whole, I conclude that the security concerns are mitigated under the following mitigating conditions: AG ¶¶ 20(a), 20(b), and 20(d).
The concerns over Applicant’s history of financial problems do not create doubt about her current reliability, trustworthiness, good judgment, and ability to protect classified information. In reaching this conclusion, I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence. I also gave due consideration to the whole-person concept. Accordingly, I conclude that she met her ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant her eligibility for access to classified information. This case is decided for Applicant.
________________________ Edward W. Loughran Administrative Judge
Footnotes
1 This case is adjudicated under Executive Order (EO) 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, which became effective on June 8, 2017.