Summary
A 26-year-old Department of Defense contractor and former Navy service member was granted a security clearance despite concerns under Guideline F (Financial Considerations). The applicant had approximately $81,458 in delinquent debts, primarily stemming from a home foreclosure and medical bills for her children. Specific allegations included a $2,964 medical debt from a March 2008 car accident, a disputed $766 medical debt with a former employer, a $19,575 debt from the first mortgage after foreclosure, and a $55,455 debt from a second mortgage on the foreclosed home.
The judge determined that the applicant's financial difficulties were largely due to circumstances beyond her control, such as a downturn in the housing market and her children's medical needs. Disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a) and AG ¶ 19(c) were raised.
However, mitigating conditions under AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), and AG ¶ 20(e) were applied. The applicant demonstrated responsible behavior by making payment arrangements for her medical debts and reducing living expenses by moving in with her parents. Her character and work ethic were further supported by positive references from colleagues and supervisors, leading to the security clearance being granted.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to circumstances beyond her control, including a downturn in the housing market and her children's medical conditions.
- She demonstrated responsible behavior by making payment arrangements for her medical debts and moving in with her parents to reduce living expenses.
- The applicant's character and work ethic were supported by positive references from colleagues and supervisors.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to Recur
- AG ¶ 20(b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
- AG ¶ 20(d)appliedIndividual Initiated a Good-faith Effort to Repay Overdue Creditors or Resolve Debts
- AG ¶ 20(e)appliedIndividual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 11, 2009
- Answer filedSep 23, 2009
- Hearing heldMar 19, 2010Originally scheduled for February 9, 2010, but cancelled due to inclement weather.
- Decision dateMay 19, 2010
Cite For
- Mitigating Conditions Under Guideline F Due to Circumstances Beyond Control
- Responsible Financial Management Despite Significant Challenges
- Character References Supporting Trustworthiness and Reliability