CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 15-02213.h1 — CASE

ISCR Case 15-02213.h1granted

Case Headnote

ISCR Case No. 15-02213.h1

grantedNov 25, 2016· Hon. Francisco Mendez· hearing

Summary

A pro se applicant was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons cited a delinquent home mortgage, which the applicant resolved through an agreed-upon short sale. Additionally, another debt, listed as SOR 1.h, was being paid off via an established payment plan dating back to approximately December 2015.

The decision to grant the clearance was based on several mitigating factors. The applicant's financial difficulties were largely attributed to circumstances beyond his control, specifically unstable employment and his wife's serious medical condition. He demonstrated proactive and responsible financial management by reducing expenses and securing stable employment.

Crucially, the applicant resolved most of the outstanding debts detailed in the Statement of Reasons, with the remaining debt being actively addressed through a payment plan. These actions satisfied the adjudicator that the financial concerns were sufficiently mitigated, leading to a favorable outcome.

Why the Applicant Prevailed

Applicant's financial problems were primarily due to circumstances beyond his control, including unstable employment and his wife's cancer diagnosis.
He resolved most of the debts listed in the SOR, except for one, which he is paying off through a payment plan.
Applicant demonstrated responsible financial management by reducing expenses and maintaining stable employment.

Conditions Referenced

Mitigating

AG ¶ 20(a)appliedThe Behavior Was Not Recent.
AG ¶ 20(b)appliedThe Conditions That Resulted in the Behavior Were Beyond the Person's Control.
AG ¶ 20(c)rejectedThe Person Has Received Counseling or Treatment for the Problem.
AG ¶ 20(d)appliedThe Person Has Established a Good Track Record of Financial Responsibility.

Key Rule Quoted

“The security concerns over Applicant’s history of financial problems do not create doubt about his current reliability, trustworthiness, good judgment, and ability to protect classified information.”

Procedural Posture

SOR issuedDec 8, 2015
Answer filed—
Hearing heldSep 22, 2016
Decision dateNov 25, 2016

Cite For

Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
Demonstrating Responsible Financial Management as a Basis for Granting Clearance
The Importance of Stable Employment and Personal Circumstances in Financial Evaluations

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant mitigated security concerns related to his financial issues, which were primarily due to circumstances beyond his control, including unstable employment and his wife's serious medical condition. The applicant resolved most of his debts and demonstrated responsible financial management, leading to the granting of his security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant has a delinquent home mortgage that he satisfied through an agreed-upon short sale.	For Applicant	Mortgage or Home Loan Debt	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	—
1.b	Applicant has a debt listed in SOR 1.h that he has been paying through an agreed-upon payment plan established in about December 2015.	For Applicant	Unspecified Financial	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	—

Descriptive standardized rendering of a decided public case (Guideline F). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS

In the matter of: ) ) REDACTED ) ISCR Case No. 15-02213 ) ) Applicant for Security Clearance

For Government: Candace L. Garcia, Esq., Department Counsel For Applicant: Pro se

11/25/2016 ______________

DECISION

______________

MENDEZ, Francisco, Administrative Judge:

On December 8, 2015, the Department of Defense (DOD) Consolidated Adjudications Facility (CAF) sent Applicant a Statement of Reasons (SOR) alleging that his circumstances raised security concerns under the financial considerations guideline.1 Applicant answered the SOR and requested a hearing to establish his eligibility for access to classified information.

On September 22, 2016, I convened a hearing. After receipt of the transcript and the record closed, I 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 did not object to my proposed resolution of the matter in this fashion. See Appellate Exhibit I.

Applicant mitigated security concerns raised by his past financial problems and met his heavy burden of persuasion for access to classified information. His past financial problems were primarily attributable to matters beyond his control, namely, periods of unstable employment and his wife's serious medical issue (cancer). After falling behind on some debts, Applicant attempted to modify his mortgage. The creditor kept changing hands and losing his modification paperwork, exacerbating his already troubled financial situation. Applicant satisfied his delinquent home mortgage through an agreed-upon short sale. As of the close of the record, Applicant had satisfied or otherwise resolved all the SOR debts, except the debt listed in SOR 1.h. He has been paying this debt through an agreed-upon payment plan that was established in about December 2015. He has been making consistent monthly payments and will finish paying off the debt in less than one year.

In addition to responsibly addressing the SOR debts, Applicant also demonstrated that he currently manages his finances in a responsible manner. Notably, he reduced his expenses by moving from his home to a modest apartment with a monthly rental cost that is nearly half his previous monthly mortgage payments. His children have all moved out of the house except for his one minor child. This change in circumstances has permitted Applicant to further reduce his monthly expenses. His current job situation is stable. His wife has returned to full-time employment, and her cancer is in full remission. Applicant and his wife together earn nearly $200,000. After a thorough review of the record evidence, I find that the mitigating conditions listed at AG ¶¶ 20(a) – 20(d) apply.

The security concerns over Applicant’s history of financial problems do not create doubt about his 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 his burden of persuasion to show that it is clearly consistent with the national interest to grant him eligibility for access to classified information. Applicant’s request for a security clearance is granted.

____________________ Francisco Mendez 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.