Summary
A 62-year-old defense contractor's security clearance was initially jeopardized under Guideline F (Financial Considerations) due to a past-due mortgage and an unpaid tax lien. Specifically, as of September 28, 2015, the applicant was $20,908 past due on a mortgage loan that was in foreclosure, and he also owed a $196 tax lien. These issues raised concerns under Disqualifying Conditions AG ¶ 19(a) and AG ¶ 19(c).
However, the applicant's clearance was ultimately granted. This decision was based on several mitigating factors, including AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d). The mortgage delinquency was primarily attributed to circumstances beyond his control, specifically his ex-wife's gambling issues and loss of income, which occurred without his knowledge.
The applicant demonstrated proactive and responsible financial behavior by taking steps to refinance the mortgage and ensure ongoing payments. He also set aside funds to cover these payments, demonstrating a commitment to resolving the debt. These actions, coupled with the external circumstances contributing to the delinquency, led to the granting of his security clearance.
Why the applicant prevailed
- The applicant took proactive steps to refinance the mortgage and ensure payments would continue.
- The mortgage delinquency was largely due to circumstances beyond the applicant's control, specifically his ex-wife's gambling issues and loss of income.
- The applicant demonstrated responsible financial behavior by setting aside funds to cover mortgage payments.
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(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is 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
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedSep 28, 2015
- Answer filedOct 14, 2015Requested a decision on the record without a hearing.
- Hearing heldJul 15, 2016
- Decision dateMar 7, 2017
Cite for
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond the Applicant's Control
- Proactive Measures Taken to Resolve Financial Delinquencies
- Consideration of the Applicant's Overall Financial Responsibility and Current Stability