A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-02826.h1
GrantedDecided Nov 22, 2016 · Administrative Judge Francisco Mendez · Hearing
Case headnote
Summary
The applicant, a pro se individual, faced security concerns under Guideline F due to past financial issues primarily stemming from her husband's unemployment. She provided substantial evidence of her efforts to resolve delinquent debts and demonstrated fiscal responsibility, leading to a favorable decision granting her security clearance.
Why the applicant prevailed
- Applicant mitigated security concerns related to financial problems attributable to circumstances beyond her control.
- She provided substantial evidence of addressing, paying, and settling delinquent debts listed on the SOR.
- Applicant demonstrated a track record of debt payments and prudent financial management going forward.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent.applied
- AG ¶ 20(b) The conditions that resulted in the behavior were largely beyond the person's control.applied
- AG ¶ 20(c) The person has received or is receiving counseling for the problem.noted
- AG ¶ 20(d) The person has established a good track record of debt payment.applied
- AG ¶ 20(e) The person has a reasonable basis for disputing the validity of the debt.applied
Key rule quoted
“I find that the mitigating conditions listed at AG ¶¶ 20(a) – 20(e) apply.”
Procedural posture
- SOR issued
- October 27, 2015
- Answer filed
- Applicant requested a decision on the written record.
- Hearing held
- August 11, 2016 Case assigned for summary disposition.
- Decision date
- November 22, 2016
Cite for
- Mitigation of Financial Issues Under Guideline F
- Consideration of Circumstances Beyond Control in Financial Cases
- Demonstration of Fiscal Responsibility as a Mitigating Factor
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. 15-02826 ) ) Applicant for Security Clearance
For Government: Rhett Petcher, Esq., Department Counsel For Applicant: Pro se
11/22/2016 ______________
Decision
______________
MENDEZ, Francisco, Administrative Judge:
On October 27, 2015, the Department of Defense (DOD) Consolidated Adjudications Facility (CAF) sent Applicant a Statement of Reasons (SOR) alleging that her circumstances raised security concerns under the financial considerations guideline.1 Applicant answered the SOR and requested a decision on the written record.
On December 9, 2015, Department Counsel prepared its written case, a file of relevant material (FORM), and sent it to Applicant. Applicant filed a response, including providing additional documentary evidence of her efforts to address and resolve the delinquent debts listed on the SOR.
On August 11, 2016, I received the case assignment and subsequently provided 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 her past financial problems, which were, in part, attributable to matters beyond her control (husband's unemployment). She presented substantial evidence, including documentation to substantiate her claims of having addressed, paid, settled, or currently paying the delinquent debts listed on the SOR (or, reasonable basis to dispute the accuracy of the debt). Additionally, Applicant presented documentation of a track record of debt payments towards satisfying the last remaining SOR debt. Applicant also demonstrated that she has taken fiscally prudent steps to manage her finances going forward, notably, downsizing to a smaller home. After a thorough review of the record evidence, I find that the mitigating conditions listed at AG ¶¶ 20(a) – 20(e) apply.
The security concerns over Applicant’s past financial problems do 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.
____________________ 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.