A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-01147.h1
GrantedDecided Jan 3, 2017 · Administrative Judge Stephanie C. Hess · Hearing
Case headnote
Summary
The applicant, a recent college graduate, faced financial difficulties primarily due to underemployment after taking out multiple student loans. She has since resolved most of her debts and demonstrated current financial responsibility, leading to the granting of her security clearance under Guideline F.
Why the applicant prevailed
- Applicant's financial issues were primarily due to circumstances beyond her control.
- She has resolved or is in the process of resolving all but one debt listed in the SOR.
- Applicant is current on her financial obligations and has established a repayment plan for the remaining debt.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent.applied
- AG ¶ 20(b) The conditions that resulted in the behavior were beyond the person's control.applied
- AG ¶ 20(c) The person has received counseling or treatment for the problem.noted
- AG ¶ 20(d) The person has taken positive steps to reduce or eliminate the vulnerability.applied
- AG ¶ 20(e) The person has a good track record of financial responsibility.applied
Key rule quoted
“I conclude that the security concerns are resolved under mitigating conditions AG ¶¶ 20(a) through 20(e).”
Procedural posture
- SOR issued
- 11/26/2015
- Answer filed
- Hearing held
- 07/28/2016
- Decision date
- 01/03/2017
Cite for
- Mitigating Conditions Under Guideline F
- Resolution of Financial Issues Leading to Security Clearance Approval
- Consideration of Circumstances Beyond the Applicant's Control in Financial Matters
Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.
From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
- Payment Plan
- yes
- Bankruptcy
- none
Allegations under Guideline F
Reading the 4 per allegation rows needs a free account.
4 rows in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
Appearances
DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS
In the matter of: ) ) [REDACTED] ) ISCR Case No. 15-01147 ) Applicant for Security Clearance )
For Government: Tara R. Karoian, Esq., Department Counsel For Applicant: Pro se
01/03/2017 ______________
Decision
______________
HESS, Stephanie C., Administrative Judge:
On November 26, 2015, the Department of Defense (DOD) Consolidated Adjudications Facility (CAF) sent Applicant a Statement of Reasons (SOR) alleging concerns under the financial considerations guideline.1 Applicant answered the SOR and requested a hearing to establish her eligibility for access to classified information.
On July 28, 2016, I convened a hearing. After I received the transcript and the record closed, I reviewed the record in its entirety. I then provided written notice to the parties of my intent to resolve the case through a summary disposition in Applicant’s favor. Department Counsel indicated that the Government had no objections. (See Appellate Exhibit I.) Applicant’s past financial problems were primarily attributable to matters beyond her control. Specifically, Applicant took out multiple student loans for college, but following graduation was only able to find temporary jobs. This underemployment resulted in her defaulting on her student loans and incurring several other delinquent debts. She has since paid off one large student loan, consolidated and become current on the other loans, successfully disputed several debts, and paid off or is resolving the remaining SOR debts. As of the close of the record, Applicant had satisfied or otherwise resolved all the SOR debts, except the debt listed in SOR ¶ 1.o. She has contacted this creditor to establish a repayment plan. She is current on her existing financial obligations, lives within her means, and regularly contributes to her 401 (k) account and a savings account.
Department Counsel presented sufficient evidence to establish the facts alleged in the SOR under Guideline F. I conclude that Applicant presented sufficient evidence to explain, extenuate, or mitigate the facts admitted by Applicant or proven by Department Counsel. In particular, I conclude that the security concerns are resolved under mitigating conditions AG ¶¶ 20(a) through 20(e).
Applicant’s history of financial problems does not create doubt about her current reliability, trustworthiness, good judgment, and ability to protect classified information. In reaching this conclusion, I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence or vice versa. I also gave due consideration to the whole-person concept. Accordingly, I conclude that Applicant met her burden of persuasion to show that it is clearly consistent with the national interest to grant her eligibility for access to classified information. Applicant’s request for a security clearance is granted.
Stephanie C. Hess Administrative Judge
Footnotes
1 This action was taken under Executive Order (E.O.) 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; Department of Defense Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the Adjudicative Guidelines (AG) implemented by the Department of Defense on September 1, 2006.