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ISCR Case 06-18586.h1 — CASE

ISCR Case 06-18586.h1denied

Case Headnote

ISCR Case No. 06-18586.h1

deniedFeb 6, 2007· Hon. Joseph Testan· hearing

Summary

A 27-year-old defense contractor was denied a security clearance under Guideline F (Financial Considerations) due to approximately $12,500 in unsecured, past-due debt. The Statement of Reasons detailed ten specific debts, including amounts owed to Medcah, Inc. ($400), Bank of America ($5,339), Target NB ($511), Capital One Bank ($871), GEMB/JC Penney ($219), Credit Service ($921), Credit Systems, Inc. ($2,727), AWA Collection ($862), and AFNI, Inc. ($683). One minor debt of $9.00 for a returned check fee was recently satisfied.

These debts became delinquent and were referred for collection or charged off between June 2003 and May 2006. The allegations raised disqualifying conditions F.19.a (inability or unwillingness to satisfy debts) and F.19.c (a history of not meeting financial obligations).

While mitigating condition F.20.a (the behavior was not recent) was considered, the judge ultimately found that despite the applicant's stated intent to repay, there was little to no chance she would be able to satisfy these long-standing obligations in the near future. Consequently, the security clearance was denied.

Why the Applicant Was Denied

Applicant has approximately $12,500 in unsecured debt that has been past-due for many years.
There is little to no chance she will be in a position to satisfy this debt anytime soon.

Conditions Referenced

Disqualifying

F.19.aappliedInability or Unwillingness to Satisfy Debts
F.19.cappliedA History of Not Meeting Financial Obligations

Mitigating

F.20.aappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control

Key Rule Quoted

“An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds.”

Procedural Posture

SOR issuedSep 19, 2006
Answer filedOct 3, 2006Applicant elected to have her case determined on a written record.
Hearing held—No hearing; case determined on written record.
Decision dateFeb 6, 2007

Cite For

Financial Difficulties Leading to Security Clearance Denial Under Guideline F
Impact of Inability to Satisfy Debts on Security Clearance Eligibility
Mitigating Conditions Related to Circumstances Beyond the Applicant's Control

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

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The applicant has significant financial difficulties, with approximately $12,500 in unsecured debt that has been past-due for many years. The judge found that the applicant's financial issues were largely due to circumstances beyond her control, but ultimately concluded that granting a security clearance was not consistent with national interest due to the applicant's inability to satisfy her debts.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant is indebted to Medcah, Inc. in the approximate amount of $400.00. This debt went delinquent and was referred for collection in about June 2003. $400	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.b	This $9.00 returned check fee debt was referred for collection in 2003. It was recently satisfied. $9	For Applicant	Unspecified Financial	Unknown	—	—	—
1.c	Applicant is indebted to Bank of America in the approximate amount of $5,339.00. This debt went delinquent and was charged off in 2003. $5,339	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.d	Applicant is indebted to Target NB in the approximate amount of $511.00. This debt went delinquent and was charged off in 2003. $511	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.e	Applicant is indebted to Capital One Bank in the approximate amount of $871.00. This debt went delinquent and was charged off in 2003. $871	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.f	Applicant is indebted to GEMB/JC Penney in the approximate amount of $219.00. This account went delinquent and was charged off in 2004. $219	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.g	Applicant is indebted to Credit Service in the approximate amount of $921.00. This debt went delinquent and was referred for collection in about August 2005. $921	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.h	Applicant is indebted to Credit Systems, Inc. in the approximate amount of $2,727.00. This account went delinquent and was referred for collection in about September 2005. $2,727	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.i	Applicant is indebted to AWA Collection in the approximate amount of $862.00. This debt originated with Nextel Partners, and was referred to AWA Collection by Nextel Partners for collection in about October 2005. $862	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.j	Applicant is indebted to AFNI, Inc. in the approximate amount of $683.00. This debt originated with Nextel, and was referred to AFNI, Inc. by Nextel for collection in about May 2006. $683	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.k	Because the name of the creditor was not provided to applicant in the SOR, this allegation is found for applicant.	For Applicant	Unspecified Financial	Unknown	—	—	—

Descriptive standardized rendering of a decided public case (Guideline F). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

SYNOPSIS

KEYWORD: Financial

DIGEST: Applicant has approximately $12,500.00 in unsecured debt that has been past-due for many years. There is little to no chance she will be in a position to satisfy this debt anytime soon. Clearance is denied.

CASENO: 06–18586.h1

DATE: 02/06/2007

DATE: February 6, 2007

) ) In Re: ) ) ISCR Case No. 06-18586 ------------------- ) SSN: ----------- ) ) Applicant for Security Clearance )

DECISION OF ADMINISTRATIVE JUDGE JOSEPH TESTAN

APPEARANCES

SYNOPSIS

Applicant has approximately $12,500.00 in unsecured debt that has been past-due for many years. There is little to no chance she will be in a position to satisfy this debt anytime soon. Clearance is denied.

STATEMENT OF CASE

On September 19, 2006, the Defense Office of Hearings and Appeals (DOHA), pursuant to Executive Order 10865 (as amended) and Department of Defense Directive 5220.6 (Directive), dated January 2, 1992, issued a Statement of Reasons (SOR) to applicant which detailed reasons why DOHA could not make the preliminary affirmative finding under the Directive that it is clearly consistent with the national interest to grant or continue a security clearance for applicant and recommended referral to an Administrative Judge to determine whether clearance should be denied or revoked.

Applicant responded to the SOR on October 3, 2006, and elected to have her case determined on a written record in lieu of a hearing. Department Counsel submitted the Government's written case (FORM) on or about November 13, 2006. Applicant filed a response to the FORM on or about December 1, 2006. The case was assigned to me on December 27, 2006.

FINDINGS OF FACT

Applicant is 27 years of age. She has been with her current defense contractor employer since October 2005.

SOR Allegation 1a: Applicant is indebted to Medcah, Inc. in the approximate amount of $400.00. This debt went delinquent and was referred for collection in about June 2003.

SOR Allegation 1b: This $9.00 returned check fee debt was referred for collection in 2003. It was recently satisfied.

SOR Allegation 1c: Applicant is indebted to Bank of America in the approximate amount of $5,339.00. This debt went delinquent and was charged off in 2003.

SOR Allegation 1d: Applicant is indebted to Target NB in the approximate amount of $511.00. This debt went delinquent and was charged off in 2003.

SOR Allegation 1e: Applicant is indebted to Capital One Bank in the approximate amount of $871.00. This debt went delinquent and was charged off in 2003.

SOR Allegation 1f: Applicant is indebted to GEMB/JC Penney in the approximate amount of $219.00. This account went delinquent and was charged off in 2004.

SOR Allegation 1g: Applicant is indebted to Credit Service in the approximate amount of $921.00. This debt went delinquent and was referred for collection in about August 2005.

SOR Allegation 1h: Applicant is indebted to Credit Systems, Inc. in the approximate amount of $2,727.00. This account went delinquent and was referred for collection in about September 2005. SOR Allegation 1i: Applicant is indebted to AWA Collection in the approximate amount of $862.00. This debt originated with Nextel Partners, and was referred to AWA Collection by Nextel Partners for collection in about October 2005.

SOR Allegation 1j: Applicant is indebted to AFNI, Inc. in the approximate amount of $683.00. This debt originated with Nextel, and was referred to AFNI, Inc. by Nextel for collection in about May 2006.

SOR Allegation 1k: Because the name of the creditor was not provided to applicant in the SOR, this allegation is found for applicant.

Applicant’s financial problems began in October 2002 when her husband walked out on her and her son. At the time she had “no money no job and credit card debt in [her] name already.” She had no choice but to use her credit cards “to get food and to cover everyday living expenses.” When they legally separated February 2003, he agreed to pay her $520.00 a month in support. She received just one payment from him.

Since their separation, applicant has had periods of underemployment and unemployment, as well as medical problems, all of which contributed to her inability to satisfy her past-due financial obligations. She now believes she is in the position where she can begin to repay this past-due debt. She intends to take care of all of her debts within the next year.

CONCLUSION

The evidence establishes that (1) applicant has been experiencing significant financial difficulties since 2003, (2) she is still indebted to numerous creditors for past-due debts in the approximate total amount of $12,500.00, and (3) despite the optimism she expressed about her ability to begin satisfying these past-due financial obligations, there is little to no chance she will be in a position to satisfy them anytime soon. Disqualifying Conditions 19a. (inability or unwillingness to satisfy debts) and 19c.(a history of not meeting financial obligations) are applicable.

Applicant offered credible evidence that her financial problems were caused by her marital separation and her husband’s refusal to honor his obligation to pay her monthly support. Accordingly, Mitigating Condition 20a. (the conditions that resulted in the financial problem were largely beyond the person’s control, e.g., loss of employment, a business downturn, unexpected medical emergency, or a death, divorce or separation, and the individual acted responsibly under the circumstances) is applicable.

At the present time, applicant is clearly experiencing significant financial difficulties.

Response to FORM.

Separation Agreement attached to Response to Form. Although factors beyond her control caused these financial difficulties, the fact remains her present situation fits squarely within one of the primary concerns expressed in the Financial Considerations section of the Directive, to wit: An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds. Based on this fact, I have no choice but to conclude it is not now clearly consistent with the national interest for applicant to have access to classified information.

FORMAL FINDINGS

PARAGRAPH 1: AGAINST THE APPLICANT

DECISION

In light of all the circumstances presented by the record in this case, it is not clearly consistent with the national interest to grant or continue a security clearance for applicant.

Joseph Testan Administrative Judge

Guideline F, Financial Considerations, Page 30, Paragraph 18, The Concern.

FOOTNOTES

FOR GOVERNMENT Candace L. Le’i, Department Counsel

FOR APPLICANT Pro Se