Summary
Applicant is a 30-year-old unmarried mother with a six-year-old child, employed by a defense contractor. She has 22 delinquent debts, primarily medical bills, which she is actively addressing through payments to creditors. The judge found that the applicant mitigated the financial considerations trustworthiness concern, resulting in a granted eligibility for sensitive positions.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Seven of the bills are for credit card issuers for items Applicant purchased since 1996 when she bought her house (1.a). Fifteen of those debts are medical bills she incurred a few years ago for treatment of a seizure disorder she had (1.b). A credit card bill for $191.46 was settled for $58.80 and Applicant paid it (1.c). Two hospital bills for $275.73 and $161 are being paid at $10 monthly (1.f). The medical bills listed with the respective debts being $14.85, $29.70, $93.50, $153.85, $25.16, $14.85, $19.95, $185.12, and $115 are being paid at the rate of $5 each monthly (1.g). The credit card debt for $1,742 Applicant has been paying regularly for several years at $50 per month (1.o). The credit card debt for $1,695.25 Applicant attempted to arrange a repayment plan, and sent $10 in good faith to the creditor (1.p). The credit card debt for $3,091.11 is being repaid at $26.41 every two weeks (1.q). The credit card debt for $145 is the same debt listed in another paragraph based on a comparison of amounts, account numbers, and Applicant’s exhibit showing the debt was paid (1.s). The credit card debt for $145 is the same debt listed in another paragraph based on a comparison of amounts, account numbers, and Applicant’s exhibit showing the debt was paid (1.t).
The judge granted the clearance. The government raised disqualifying conditions DC 1, DC 3. The judge applied mitigating conditions MC 3, MC 6. The decision turned on the following: Applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts; The applicant's financial difficulties were largely due to unemployment and medical issues beyond her control; She has made consistent payments towards her debts and has stopped incurring new debts.
Why the Applicant Prevailed
- Applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts.
- The applicant's financial difficulties were largely due to unemployment and medical issues beyond her control.
- She has made consistent payments towards her debts and has stopped incurring new debts.
Conditions Referenced
- DC 1raisedA History of Not Meeting Financial Obligations.
- DC 3raisedInability or Unwillingness to Satisfy Debts.
- MC 3appliedConditions Resulting in the Behavior Were Beyond the Applicant's Control.
- MC 6appliedApplicant Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts.
Key Rule Quoted
“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural Posture
- SOR issuedAug 10, 2006
- Answer filedAug 28, 2006
- Hearing heldNov 2, 2006
- Decision dateJan 23, 2007
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Good-faith Efforts to Resolve Delinquent Debts
- Impact of Unemployment on Financial Obligations