Summary
The applicant, a 60-year-old base engineer with a history of financial difficulties, contested the Department of Defense's intent to deny his security clearance based on financial considerations. The judge found that the applicant had mitigated the concerns related to his financial issues, which included three collection accounts and a charged-off account totaling approximately $19,500, and granted the security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant had a collection account totaling $7,685 (1.a). Applicant had a collection account totaling $7,664 (1.b). Applicant had a collection account totaling $3,511 (1.c). Applicant had a charged-off account totaling $703 (1.d).
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). The decision turned on the following: The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts; The financial issues were largely due to circumstances beyond the applicant's control, including unemployment and significant property damage; The applicant established a track record of timely payments on non-SOR debts, indicating responsible financial management.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts.
- The financial issues were largely due to circumstances beyond the applicant's control, including unemployment and significant property damage.
- The applicant established a track record of timely payments on non-SOR debts, indicating responsible financial management.
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
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 20, 2015
- Answer filedJul 15, 2015
- Hearing heldNov 18, 2015
- Decision dateOct 31, 2016
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Impact of Personal Circumstances on Financial Obligations
- Whole-person Concept in Security Clearance Evaluations