Summary
The applicant, a 37-year-old federal contractor and Army National Guard veteran, faced security concerns under Guideline F due to past-due debts. The applicant successfully resolved several debts and disputed others, demonstrating responsible financial behavior, leading to the granting of his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: A collection account for a mortgage that has been resolved (1.a). A medical account for $144 that the applicant disputed, explaining that he contacted the creditor and it confirmed it had made an error, but he was unable to obtain a letter from the creditor confirming its error (1.b). A medical account for $144 that the applicant disputed, explaining that he contacted the creditor and it confirmed it had made an error, but he was unable to obtain a letter from the creditor confirming its error (1.c). A medical account for $25 that the applicant denied (1.d). A medical account for $25 that the applicant denied (1.e). A past-due debt of $86 that is resolved (1.f). A past-due amount of $1,887 that has been paid (1.g).
The judge granted the clearance. The government raised disqualifying conditions F.1.a, F.1.c. The judge applied mitigating conditions F.20(a), F.20(b), F.20(c), F.20(d), F.20(e). The decision turned on the following: The applicant resolved significant past-due debts, including a mortgage collection account; The applicant provided credible evidence disputing the validity of certain medical debts; The applicant made good-faith efforts to repay overdue creditors.
Why the Applicant Prevailed
- The applicant resolved significant past-due debts, including a mortgage collection account.
- The applicant provided credible evidence disputing the validity of certain medical debts.
- The applicant made good-faith efforts to repay overdue creditors.
Conditions Referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- F.20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20(b)rejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20(c)appliedThe Person Has Received or Is Receiving Counseling for the ProblemThe applicant's financial problems are being resolved and under control.
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors
- F.20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“The ultimate determination of whether to grant eligibility for a security clearance must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”
Procedural Posture
- SOR issuedNov 6, 2015
- Answer filedDec 2, 2015Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateSep 29, 2016
Cite For
- Resolution of Past-due Debts Under Guideline F
- Good-faith Efforts to Repay Creditors as a Mitigating Factor
- Disputing the Legitimacy of Debts as a Basis for Mitigation Under Guideline F