A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-03656.h1
GrantedDecided May 3, 2017 · Administrative Judge Edward W. Loughran · Hearing
Case headnote
Summary
The applicant, a U.S. military veteran rated 50% disabled, faced security concerns under Guideline F due to financial issues stemming from medical problems and unemployment. He demonstrated significant efforts to resolve his debts, including paying or settling most non-medical debts and addressing medical debts, leading to a favorable decision.
Why the applicant prevailed
- The applicant took significant action to resolve his financial problems.
- He credibly testified about his ongoing efforts to manage his debts.
- The judge found that the applicant's financial issues did not affect his reliability or trustworthiness.
Conditions referenced
Mitigating
- AG ¶ 20(b) The individual has initiated a good-faith effort to repay overdue creditors or otherwise resolve debts.applied
- AG ¶ 20(c) The conditions that resulted in the financial problems were largely beyond the person's control.applied
- AG ¶ 20(d) The individual has received or is receiving counseling for the financial problems.applied
Key rule quoted
“I also gave due consideration to the whole-person concept.”
Procedural posture
- SOR issued
- May 12, 2016
- Answer filed
- June 7, 2016
- Hearing held
- January 25, 2017
- Decision date
- May 1, 2017 Proposed summary disposition in Applicant’s favor.
Cite for
- Mitigation of Financial Issues Under Guideline F
- Good-faith Efforts to Resolve Debts
- Consideration of the Whole-person Concept in Security Clearance Decisions.
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 3 per allegation rows needs a free account.
3 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
DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS
In the matter of: ) ) ) ISCR Case No. 15-03656 ) Applicant for Security Clearance )
Appearances
For Government: Bryan J. Olmos Esq., Department Counsel For Applicant: Pro se
05/03/2017 ______________
Decision
______________
LOUGHRAN, Edward W., Administrative Judge:
On May 12, 2016, the Department of Defense (DOD) issued a Statement of Reasons (SOR) to Applicant detailing security concerns under Guideline F, financial considerations. The action was taken under Executive Order (EO) 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative guidelines (AG) implemented by the DOD on September 1, 2006.
Applicant responded to the SOR on June 7, 2016, and requested a hearing before an administrative judge. The case was assigned to me on December 1, 2016. The hearing was held as scheduled on January 25, 2017. On May 1, 2017, I proposed to the parties that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object.
Applicant was honorably discharged from the U.S. military in 2002. He is rated as 50% disabled by the Department of Veterans Affairs, but that determination was not granted until October 2015 because of paperwork and other problems. Applicant's finances were adversely affected by medical issues, unemployment, underemployment, and taking care of a large family with special-needs children.
The SOR alleged a multitude of delinquent debts, but there are several duplicate accounts, and at least 40 of the debts are medical accounts. Applicant started paying his debts before the SOR was issued. His student loans are deferred, paid, or otherwise resolved. He paid or settled a majority of the non-medical debts and a number of the medical debts. He credibly testified that he will continue his efforts to resolve his financial problems. He still has work to do, but I am satisfied that he has a plan to resolve his financial problems, and that he has taken significant action to implement that plan. Based on the record evidence as a whole, I conclude that the security concerns are mitigated under the following mitigating conditions: AG ¶¶ 20(b), 20(c), and 20(d).
The 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. I also gave due consideration to the whole-person concept. Accordingly, I conclude that he met his ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant him eligibility for access to classified information. This case is decided for Applicant.
________________________ Edward W. Loughran Administrative Judge