Summary
The applicant, a 45-year-old equipment sub-custodian and retired military veteran, faced security concerns under Guideline F due to several delinquent debts. The applicant demonstrated a commitment to resolving these debts through repayment plans and evidence of payments made, leading to the mitigation of financial concerns. The administrative judge granted the security clearance based on the applicant's credible testimony and efforts to address his financial obligations.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Judgment for $2,102 – In repayment. Applicant recently proposed a repayment plan that was accepted by the creditor to satisfy a 2007 judgment. He paid $400 in May 2010, and is scheduled to then pay $100 per month for nine months, followed by monthly payments of $225 until the balance is satisfied (1.a). Medical account balances of $29 – Paid. Applicant provided evidence that these hospital bills from 2007 were recently paid (1.b). Medical account balances of $15 – Paid. Applicant provided evidence that these hospital bills from 2007 were recently paid (1.c). Charged-off account for $7,306. – Settled. The date of last activity on this account is shown as 2005. Applicant was offered a settlement opportunity to resolve the matter on payment of $2,923, which was negotiated for settlement by payment of $2,500. Applicant recently paid the agreed upon sum (1.d). Collection account balance of $9,326 – In repayment. Applicant provided evidence that he resumed repayment on this debt after he started his current position last year (1.e). Collection account balance for $100 – Paid. On March 29, 2010, this account was satisfied by telephonic payment to a third party collection entity (1.f). Collection account balance of $380 – Paid. Applicant provided evidence that these hospital bills from 2007 were recently paid (1.g).
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 admitted to some debts but provided evidence of repayment plans and payments made; The applicant's financial difficulties were largely due to circumstances beyond his control, including unemployment and economic conditions; The applicant demonstrated a good-faith effort to resolve his debts, with most being addressed recently.
Why the Applicant Prevailed
- The applicant admitted to some debts but provided evidence of repayment plans and payments made.
- The applicant's financial difficulties were largely due to circumstances beyond his control, including unemployment and economic conditions.
- The applicant demonstrated a good-faith effort to resolve his debts, with most being addressed recently.
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 Behavior Were Largely Beyond the Person’s Control and the Individual Acted Responsibly Under the Circumstances
- 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 issuedFeb 25, 2010
- Answer filedundated
- Hearing heldMay 26, 2010
- Decision dateSep 14, 2010
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Good-faith Efforts to Repay Debts
- Impact of Economic Conditions on Financial Obligations