Summary
Applicant is a 57-year-old computer programmer with a history of financial difficulties, including 23 delinquent debts and tax liens. She demonstrated efforts to mitigate these issues and addressed personal conduct concerns related to her financial disclosures. The judge granted her eligibility for an ADP I/II/III position.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: State tax lien, $351, filed 1993 (1.b). State tax lien, $1,250, filed 1993 (1.c). Car loan, $9,505, repossessed 2001 (1.d). Credit union debt, $717 (1.e). Credit union debt, $5,037 (1.f). Auto insurance bill, $759 (1.g). State tax lien, $8,174.93 for 1999 tax year (1.h). State tax lien for $2,088 for 1999 and 2000 tax years (1.i). Collection agency for $72 (1.j). Telephone bill for $99 (1.k). Credit union debt for $26 (1.l). University debt of $191 (1.m). University debt of $709 (1.n). Collection agency debt on medical bill, $175 (1.o). IRS debt for tax years 1999 and 2000, $28,116 (1.p). U.S. Department of Education student loan debts of $5,479 (1.q). Heating gas bill for $76 (1.r). U.S. Department of Education student loan debts of $2,813 (1.s). U.S. Department of Education student loan debts of $1,899 (1.t). U.S. Department of Education student loan debts of $217 (1.u). U.S. Department of Education student loan debts of $1,090 (1.v). Telephone bill for $129 (1.w). Water bill for $12 (1.x).
The judge granted the clearance. The government raised disqualifying conditions FDC 19.a, FDC 19.c, PCDC 16.a. The judge applied mitigating conditions FMC 20.b, FMC 20.d, FMC 20.e. The decision turned on the following: Applicant repaid or settled most of her delinquent debts and established payment plans for remaining obligations; She provided credible explanations for her financial disclosures, demonstrating no intent to falsify information; The judge found that her financial issues were largely due to circumstances beyond her control, including job loss and divorce.
Why the Applicant Prevailed
- Applicant repaid or settled most of her delinquent debts and established payment plans for remaining obligations.
- She provided credible explanations for her financial disclosures, demonstrating no intent to falsify information.
- The judge found that her financial issues were largely due to circumstances beyond her control, including job loss and divorce.
Conditions Referenced
- FDC 19.araisedInability or Unwillingness to Satisfy Debts
- FDC 19.craisedA History of Not Meeting Financial Obligations
- PCDC 16.araisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- FMC 20.bappliedConditions That Resulted in the Financial Problem Were Largely Beyond the Applicant's Control
- FMC 20.dappliedApplicant Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- FMC 20.eappliedApplicant Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural Posture
- SOR issuedSep 26, 2006
- Answer filedNov 8, 2006
- Hearing heldApr 5, 2007
- Decision dateJun 30, 2007
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Credibility in Personal Conduct Disclosures Under Guideline E
- Whole Person Analysis in Trustworthiness Determinations