ISCR Case 17-03580.h1

Case Headnote

ISCR Case No. 17-03580.h1

grantedNov 13, 2018· Hon. Juan J. Rivera· hearing

Summary

A 27-year-old single mother of two, employed by a federal contractor, was granted a security clearance despite financial considerations raised under Guideline F. The Statement of Reasons (SOR) detailed several delinquent accounts, including a $4,070 rent account, a $325 credit card, a $20,644 charged-off car loan, an $1,800 charged-off credit card, a $1,075 telephone services account, and a $264 medical account, all in collection. Additionally, the SOR cited a state tax lien for $2,582 from February 2015 and a $3,449 judgment for unauthorized unemployment benefits.

Disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a) and AG ¶ 19(c) were raised. However, the judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d).

The clearance was granted because the applicant's financial difficulties were primarily attributed to circumstances beyond her control, specifically job loss and caregiving responsibilities. She demonstrated significant efforts to resolve her debts by establishing payment arrangements and making consistent payments. Her financial situation was found to be improving and under control, reflecting her commitment to financial responsibility.

Why the Applicant Prevailed

The applicant's financial problems were largely due to circumstances beyond her control, including job loss and caregiving responsibilities.
She made significant efforts to resolve her debts, including establishing payment arrangements and making payments on delinquent accounts.
Her financial situation is improving, and she has demonstrated financial responsibility under the circumstances.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(a)appliedBehavior Happened so Long Ago or Occurred Under Circumstances Unlikely to Recur
AG ¶ 20(b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
AG ¶ 20(c)appliedReceived Counseling for the Problem and Indications That It Is Being Resolved
AG ¶ 20(d)appliedInitiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors

Key Rule Quoted

“Eligibility for access to classified information may be granted only upon a finding that it is clearly consistent with the national interest to do so.”
— Exec. Or. 10865, § 2.

Procedural Posture

SOR issuedOct 30, 2017
Answer filedNov 20, 2017
Hearing heldJun 20, 2018
Decision dateNov 13, 2018

Cite For

Mitigating Conditions for Financial Considerations Under Guideline F
Impact of Circumstances Beyond Control on Financial Responsibility
Evidence of Good-faith Efforts to Resolve Debts

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	SOR ¶ 1.a alleges a delinquent rent account in collection ($4,070). $4,070	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.b	SOR ¶ 1.b alleges a delinquent credit card account in collection ($325). $325	For Applicant	Credit Card Debt	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.c	SOR ¶ 1.c alleges a charged-off car loan ($20,644). $20,644	For Applicant	Auto Loan Debt	Denied	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Settlement
1.d	SOR ¶ 1.d alleges a delinquent credit card account charged off ($1,800). $1,800	For Applicant	Credit Card Debt	Denied	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.e	SOR ¶ 1.e alleges a delinquent telephone services account in collection ($1,075). $1,075	For Applicant	Utility or Phone Debt	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.f	SOR ¶ 1.f alleges a delinquent medical account in collection ($264). $264	For Applicant	Medical Debt	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.g	SOR ¶ 1.g alleges a tax lien filed by a state authority in February 2015 ($2,582). $2,582	For Applicant	Tax Unpaid	Denied	—	(g) arrangements made with the tax authority; in compliance	Documented Debt Paid in Full
1.h	SOR ¶ 1.h alleges a judgment entered against Applicant for unauthorized unemployment benefits she received after she was employed ($3,449). $3,449	For Applicant	Judgment Against Applicant	Denied	—	(g) arrangements made with the tax authority; in compliance	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

SOR ¶ 1.a alleges a delinquent rent account in collection ($4,070).

$4,070

For Applicant

Unspecified Financial

Admitted

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.b

SOR ¶ 1.b alleges a delinquent credit card account in collection ($325).

$325

For Applicant

Credit Card Debt

Admitted

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.c

SOR ¶ 1.c alleges a charged-off car loan ($20,644).

$20,644

For Applicant

Auto Loan Debt

Denied

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Settlement

1.d

SOR ¶ 1.d alleges a delinquent credit card account charged off ($1,800).

$1,800

For Applicant

Credit Card Debt

Denied

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.e

SOR ¶ 1.e alleges a delinquent telephone services account in collection ($1,075).

$1,075

For Applicant

Utility or Phone Debt

Admitted

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.f

SOR ¶ 1.f alleges a delinquent medical account in collection ($264).

$264

For Applicant

Medical Debt

Admitted

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.g

SOR ¶ 1.g alleges a tax lien filed by a state authority in February 2015 ($2,582).

$2,582

For Applicant

Tax Unpaid

Denied

—

(g) arrangements made with the tax authority; in compliance

Documented

Debt Paid in Full

1.h

SOR ¶ 1.h alleges a judgment entered against Applicant for unauthorized unemployment benefits she received after she was employed ($3,449).

$3,449

For Applicant

Judgment Against Applicant

Denied

—

(g) arrangements made with the tax authority; in compliance

Documented

Debt Paid in Full

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES