Summary
The applicant, a 52-year-old U.S. citizen originally from Vietnam, sought a security clearance under Guideline F due to financial considerations. He admitted to several delinquent debts but demonstrated a good-faith effort to resolve them, attributing his financial difficulties to job layoffs and personal circumstances. The judge found that the applicant had mitigated the security concerns and granted the clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: three state tax liens for the same state for $8,267 (1.a). three state tax liens for the same state for $2,893 (1.b). three state tax liens for the same state for $8,350 (1.c). a judgment for $580 (1.d). a judgment for $2,349 (1.e). a debt in collection for $175 (1.f). two debts in collection for the same agency for $120 (1.g). two debts in collection for the same agency for $232 (1.h). a debt in collection for $53 (1.i). a debt in collection for $3,019 (1.j). a car repossession debt for $8,319 (1.k). a credit card debt in collection for $6,247 (1.l).
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), AG ¶ 20(e). The decision turned on the following: The applicant provided documentation showing he paid or resolved multiple delinquent debts; He attributed his financial issues to circumstances beyond his control, including job layoffs and the death of his first wife; The applicant demonstrated a good-faith effort to manage and repay his debts.
Why the Applicant Prevailed
- The applicant provided documentation showing he paid or resolved multiple delinquent debts.
- He attributed his financial issues to circumstances beyond his control, including job layoffs and the death of his first wife.
- The applicant demonstrated a good-faith effort to manage and repay his debts.
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
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedDec 13, 2015
- Answer filedDec 31, 2015
- Hearing held—Decided on the written record.
- Decision dateAug 8, 2016
Cite For
- Mitigation of Financial Issues Under Guideline F
- Good-faith Efforts to Resolve Debts
- Impact of Personal Circumstances on Financial Responsibility