Summary
The applicant, a 67-year-old computer specialist, faced security concerns under Guideline F due to approximately $116,000 in delinquent debt, primarily from student loans. The applicant demonstrated that the financial issues were largely due to circumstances beyond his control, including a divorce and his former wife's spending habits. He provided evidence of a payment plan and financial counseling, leading to the conclusion that he had mitigated the security concerns and was granted eligibility for a security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: a student loan in collection for $53,040 (1.a). a delinquent student loan for $10,975 (1.b). a student loan in default for $14,000 (1.c). a student loan in default for $34,755 (1.d). a department store credit card charged off for $797 (1.e). a credit card in collection for $742 (1.f). a credit card in collection for $2,181 (1.g).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant provided documentation showing he has a payment plan in place for his student loans; He demonstrated a good-faith effort to repay his debts, having paid off several delinquent accounts; The financial issues were largely beyond his control, stemming from his former wife's spending habits and the aftermath of his divorce.
Why the Applicant Prevailed
- The applicant provided documentation showing he has a payment plan in place for his student loans.
- He demonstrated a good-faith effort to repay his debts, having paid off several delinquent accounts.
- The financial issues were largely beyond his control, stemming from his former wife's spending habits and the aftermath of his divorce.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
- AG ¶ 20(c)appliedThe Person Has Received Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Under Control
- AG ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
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 issuedOct 19, 2015
- Answer filedNov 20, 2015Applicant elected to have the matter decided on the written record.
- Hearing held—Decision based on written record.
- Decision dateAug 9, 2016
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Good-faith Efforts to Resolve Debts
- Impact of Personal Circumstances on Financial Responsibility