Summary
The applicant, a 59-year-old master truck driver and retired U.S. Army Chief Warrant Officer, faced security concerns under Guideline F due to approximately $17,000 in debts. He successfully mitigated these concerns by demonstrating a commitment to resolving his financial issues, including paying off a significant tax lien and establishing repayment plans with creditors. The judge granted the security clearance, finding no unacceptable risk to national security.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: In February 2005, a judgment (SOR ¶1.a, $1,873) was filed against Applicant for two credit card debts (1.a). In 2004, Applicant received a federal tax lien (SOR ¶1.b, $9,111, Ex. A) for tax year 2001 (1.b). A medical group lists a $54 debt (SOR ¶1.c) owed by Applicant (1.c). Applicant’s credit report shows two medical debts (SOR ¶1.d, $36; SOR ¶1.e, $122) not further identified (1.d). Applicant’s credit report shows two medical debts (SOR ¶1.d, $36; SOR ¶1.e, $122) not further identified (1.e). Applicant admits owing a $2,218 credit card company judgment (SOR ¶1.f) (1.f). Applicant owes a credit card company $1,884 (SOR ¶1.g) (1.g). Applicant owes a credit card company $1,817 (SOR ¶1.h) (1.h). Applicant paid his past due telephone bill (SOR ¶1.i, $116) and maintains service with the same company (1.i).
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(c), AG ¶ 20(d). The decision turned on the following: Applicant paid off a significant tax lien of $9,111, demonstrating financial responsibility; He established a repayment plan with one creditor and is actively working on plans with others; The applicant's financial issues were largely due to circumstances beyond his control, such as unemployment.
Why the Applicant Prevailed
- Applicant paid off a significant tax lien of $9,111, demonstrating financial responsibility.
- He established a repayment plan with one creditor and is actively working on plans with others.
- The applicant's financial issues were largely due to circumstances beyond his control, such as unemployment.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control and the Individual Acted Responsibly Under the Circumstances
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem and There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJan 24, 2008
- Answer filedFeb 26, 2008
- Hearing heldJun 26, 2008
- Decision dateJul 24, 2008
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Demonstrating Good-faith Efforts to Resolve Debts
- Impact of Personal Circumstances on Financial Management