Summary
The applicant, a 48-year-old project coordinator and former U.S. Navy service member, faced security concerns under Guideline F (Financial Considerations) due to multiple delinquent debts totaling approximately $81,000. The judge found that the applicant's financial difficulties were largely due to circumstances beyond her control, including business failure and theft, and noted her proactive efforts to resolve her debts. Ultimately, the applicant was granted security clearance based on her demonstrated reliability and good faith efforts to manage her financial obligations.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: credit-card accounts with same credit union, charged off for $25,848 and $25,207 (1.a). home-improvement loan charged off for $18,293 (1.c). credit-card account past due for $2,031, with a balance of $15,310 (1.d). telecommunications account charged off for $281 (1.e).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant's financial difficulties were largely due to circumstances beyond her control, such as business failure and theft; She demonstrated a good faith effort to repay overdue creditors and resolve debts; The applicant's income as a contractor and real estate agent was sufficient to regain financial stability.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to circumstances beyond her control, such as business failure and theft.
- She demonstrated a good faith effort to repay overdue creditors and resolve debts.
- The applicant's income as a contractor and real estate agent was sufficient to regain financial stability.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to Recur
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedOct 17, 2017
- Answer filedNov 6, 2017
- Hearing heldMar 1, 2018
- Decision dateApr 10, 2018
Cite For
- Mitigating Conditions Under Guideline F Due to Circumstances Beyond Control
- Good Faith Efforts to Resolve Financial Obligations
- Whole-person Concept in Security Clearance Determinations