Loading case…

Summary

The applicant, a 37-year-old Marine veteran, faced security concerns under Guideline F due to financial difficulties stemming from periods of unemployment. He acknowledged his debts and demonstrated a commitment to resolving them through consistent payments. The judge found that the applicant mitigated the security concerns and granted eligibility for a security clearance.

Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant acknowledged the debt owed to Capitol One ($23,700) alleged in SOR ¶ 1.a. He stated in his SOR answer that he fell behind on payments when he lost his job. He acknowledged he is still behind, but he has been making consistent payments since January 2017. He provided documentation to corroborate 13 payments since then, although some were for different amounts. This debt is being resolved (1.a). Applicant acknowledged the debts in SOR ¶¶1.b ($8,812) and 1.d ($1,559) owed to the same creditor. He told the investigator he got behind when he was unemployed, but he continued to make payments. He stated in his answer to the SOR that he makes a combined payment towards the debts. He provided proof of payments and a letter from the creditor with a settlement offer. These debts are being resolved (1.b). Applicant acknowledged he fell behind on his child support payments as alleged in SOR ¶ 1.c. He provided documents to show he is making payments, but is still behind. His child turned 18 in March 2018, and the support order was scheduled to terminate. He stated in his SOR answer that he intended to continue to make payments until he satisfied the arrearage. The debt is being resolved (1.c). Applicant acknowledged the debts in SOR ¶¶1.b ($8,812) and 1.d ($1,559) owed to the same creditor. He told the investigator he got behind when he was unemployed, but he continued to make payments. He stated in his answer to the SOR that he makes a combined payment towards the debts. He provided proof of payments and a letter from the creditor with a settlement offer. These debts are being resolved (1.d). Applicant denied the debt alleged in SOR ¶1.e owed to a collection company for a cell phone account. He acknowledged the debt to the government investigator in July 2017. He said he attempted to contact the creditor, but was unsuccessful. In his SOR answer, he stated that he would continue to attempt to resolve the debt. The debt is being resolved (1.e). Applicant denied the debt in SOR ¶ 1.f ($339) owed to the Veterans Administration, stating it was paid in March 2018. This debt is listed as being an overpayment by the creditor. The June 2017 credit report reflects the collection account was paid and the balance is zero. The debt is resolved (1.f).

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), AG ¶ 20(e). The decision turned on the following: The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts; The financial difficulties were largely due to circumstances beyond the applicant's control, such as unemployment; The applicant's financial issues were unlikely to recur, indicating current reliability and good judgment.

Why the Applicant Prevailed

• The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts.
• The financial difficulties were largely due to circumstances beyond the applicant's control, such as unemployment.
• The applicant's financial issues were unlikely to recur, indicating current reliability and good judgment.

Conditions Referenced

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

• SOR issuedJan 19, 2018
• Answer filedFeb 23, 2018Applicant elected to proceed without a hearing.
• Decision dateNov 28, 2018

Cite For

• Mitigation of Financial Issues Under Guideline F
• Consideration of Circumstances Beyond Control in Financial Matters
• Good-faith Efforts to Resolve Debts as a Mitigating Factor