A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 17-04000.h1
GrantedDecided Aug 24, 2018 · Administrative Judge Edward W. Loughran · Hearing
Case headnote
Summary
The applicant, a 34-year-old defense contractor and medically retired military veteran, faced security concerns under Guideline F due to financial issues stemming from unemployment, two divorces, and a custody battle. He successfully mitigated these concerns by demonstrating a proactive approach to resolving his debts, having settled six of seven debts listed in the Statement of Reasons, and showing intent to resolve the remaining debt.
Why the applicant prevailed
- The applicant established a plan to resolve his financial problems and took action to implement that plan.
- He credibly testified about his intent to resolve the remaining debt if the creditor accepts payments.
- The judge concluded that the applicant's financial issues do not create doubt about his current reliability and trustworthiness.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent.applied
- AG ¶ 20(b) The conditions that resulted in the financial problems were largely beyond the person's control.applied
- AG ¶ 20(d) The individual has initiated a good-faith effort to repay overdue creditors or otherwise resolve debts.applied
Key rule quoted
“The concerns over Applicant’s history of financial problems do not create doubt about his current reliability, trustworthiness, good judgment, and ability to protect classified information.”
Procedural posture
- SOR issued
- January 29, 2018
- Answer filed
- March 6, 2018
- Hearing held
- July 9, 2018
- Decision date
- August 24, 2018 Proposed summary disposition in favor of applicant on August 21, 2018.
Cite for
- Mitigation of Financial Issues Under Guideline F
- Good-faith Efforts to Resolve Debts
- Impact of Personal Circumstances on Financial Reliability
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.
- Applicant Age
- 34
- Delinquent Usd
- 12006
- Payment Plan
- yes
- Bankruptcy
- none
Allegations under Guideline F
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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. 17-04000 ) Applicant for Security Clearance )
For Government: Jeff A. Nagel, Esq., Department Counsel For Applicant: Pro se
08/24/2018 ______________
Decision
______________
LOUGHRAN, Edward W., Administrative Judge:
On January 29, 2018, the Department of Defense (DOD) issued a Statement of Reasons (SOR) to Applicant detailing security concerns under Guideline F, financial considerations.1 Applicant responded to the SOR on March 6, 2018, and requested a hearing before an administrative judge. The case was assigned to me on May 8, 2018. The hearing was held as scheduled on July 9, 2018. On August 21, 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 is a 34-year-old employee of a defense contractor. He served on active duty in the U.S. military from 2005 until he was medically retired with an honorable discharge in 2010. His financial problems were caused by periods of unemployment, two divorces, a costly custody battle over his child, and his custody of his child without the benefit of child support from his ex-wife. Applicant started resolving his financial problems after he was hired by his current employer in 2017. He paid several debts before the SOR was issued. He established a plan to resolve his financial problems, and he took action to implement that plan. He paid, settled, or otherwise resolved six of the seven debts in the SOR. The only unresolved debt is $12,006 owed for the deficiency on an auto loan after the vehicle was repossessed. He called the creditor but was told they no longer had a record of the debt. He credibly testified that he will resolve that debt if the creditor accepts payments. 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 his 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 he met his ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant him 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.