Summary
A 48-year-old field service engineer supervisor was granted a security clearance under Guideline F (Financial Considerations), despite initial concerns regarding delinquent debts. The Statement of Reasons cited a charged-off second mortgage loan on the marital residence for $115,929, raising disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a) and AG ¶ 19(c).
However, the applicant provided documentation demonstrating that several delinquent debts were paid or resolved. The judge found that the financial difficulties were largely due to circumstances beyond the applicant's control, specifically a divorce and a poor housing market.
The applicant demonstrated a good-faith effort to address his financial obligations and was current with all expenses at the time of the hearing. Mitigating conditions under AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d) were applied, leading to the decision to grant the security clearance.
Why the applicant prevailed
- The applicant provided documentation showing that several delinquent debts were paid or resolved.
- The financial difficulties were largely due to circumstances beyond the applicant's control, including divorce and a poor housing market.
- The applicant demonstrated a good-faith effort to address his financial obligations and was current with all expenses at the time of the hearing.
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
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved, or Is Under Control
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJul 9, 2015
- Answer filed—
- Hearing heldFeb 23, 2017
- Decision dateApr 4, 2017
Cite for
- Mitigating Conditions Under Guideline F Due to Circumstances Beyond the Applicant's Control
- Good-faith Efforts to Resolve Financial Obligations
- Consideration of the Whole-person Concept in Security Clearance Determinations