A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-03181.h1
GrantedDecided Dec 6, 2016 · Administrative Judge Robert E. Coacher · Hearing
Case headnote
Summary
The applicant, a co-signer on a mortgage loan for his stepson, faced security concerns under Guideline F due to financial difficulties stemming from the stepson's inability to make payments. The applicant took significant steps to resolve the debt, including settling with a collection agency, leading to a favorable decision granting his security clearance.
Why the applicant prevailed
- The applicant settled the outstanding debt with a payment of $15,000, resolving the sole allegation in the SOR.
- He demonstrated a plan to address his financial issues and took significant actions to implement that plan.
- The judge concluded that the applicant's financial history did not create doubt about his reliability and trustworthiness.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent and the applicant has taken steps to resolve the issues.applied
- AG ¶ 20(b) The applicant has shown a good faith effort to repay debts.applied
- AG ¶ 20(c) The applicant has resolved the debt in question.applied
- AG ¶ 20(d) The applicant has a plan to resolve his financial problems and has taken significant action to implement that plan.applied
Key rule quoted
“I also gave due consideration to the whole-person concept.”
Procedural posture
- SOR issued
- May 8, 2016
- Answer filed
- May 25, 2016
- Hearing held
- October 26, 2016
- Decision date
- December 6, 2016
Cite for
- Mitigation of Financial Issues Under Guideline F
- Good Faith Efforts to Resolve Debts
- Whole-person Concept in Security Clearance Determinations
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.
- Delinquent Usd
- 86000
- Payment Plan
- yes
- Bankruptcy
- none
Allegations under Guideline F
Reading the 1 per allegation row needs a free account.
1 row 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. 15-03181 ) Applicant for Security Clearance )
Appearances
For Government: Andre M. Gregorian, Esq., Department Counsel For Applicant: Michael J. Harris, Esq.
12/06/2016 ______________
Decision
______________
COACHER, Robert E., Administrative Judge:
On May 8, 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 May 25, 2016, and requested a hearing before an administrative judge. The case was assigned to me on July 15, 2016. The hearing was held as scheduled on October 26, 2016. On November 30, 2016, I proposed that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object.
Applicant cosigned a mortgage loan for his stepson in 2008 for approximately $86,000 (the sole SOR allegation). His stepson ran into some legal difficulties and was unable to make the required mortgage payments. Applicant made the payments on this loan and on his own mortgage for some time until he could no longer afford to do so. The creditor foreclosed on the loan in 2013. The debt was turned over to a collection agency in 2014. From October 2014 through April 2016, Applicant’s stepson made $250 monthly payments on the debt. In August 2016, Applicant settled the outstanding debt to the collection agency with a payment of $15,000 and was released from further liability. Applicant settled, or otherwise resolved the debt alleged in the SOR. He had a plan to resolve his financial problems, and 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(a), 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 his eligibility for access to classified information. This case is decided for Applicant.
________________________ Robert E. Coacher Administrative Judge