A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-03570.h1
GrantedDecided Jan 6, 2017 · Administrative Judge Edward W. Loughran · Hearing
Case headnote
Summary
The applicant, a pro se individual, faced security concerns under Guideline F due to financial issues, including medical debts and charged-off mortgage loans. The applicant resolved the debts through payment and a short sale, demonstrating sound current finances, leading to a decision to grant the security clearance.
Why the applicant prevailed
- Applicant paid off medical debts.
- Mortgage loans were resolved through a short sale with no deficiency.
- Current finances are sound.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent and the applicant has demonstrated a change in circumstances.applied
- AG ¶ 20(c) The applicant has received financial counseling or has taken other steps to correct the financial problems.applied
- AG ¶ 20(d) The applicant has established a good track record of financial responsibility.applied
Key rule quoted
“The concerns over Applicant’s history of financial problems do not create doubt about her current reliability, trustworthiness, good judgment, and ability to protect classified information.”
Procedural posture
- SOR issued
- November 16, 2015
- Answer filed
- December 1, 2015 Applicant elected for a written record decision.
- Government's case submitted
- March 9, 2016
- Case assigned to judge
- November 2, 2016
- Proposed summary disposition
- December 16, 2016 Department Counsel did not object.
- Decision date
- January 6, 2017
Cite for
- Mitigation of Financial Issues Under Guideline F
- Importance of Current Financial Stability in Security Clearance Decisions
- Consideration of Whole-person Concept in Adjudication
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.
- 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. 15-03570 ) Applicant for Security Clearance )
Appearances
For Government: Candace L. Garcia, Esq., Department Counsel For Applicant: Pro se
01/06/2017 ______________
Decision
______________
LOUGHRAN, Edward W., Administrative Judge:
On November 16, 2015, 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 December 1, 2015, and elected to have the case decided on the written record in lieu of a hearing. The Government’s written case was submitted on March 9, 2016. Applicant responded with a series of documents. The case was assigned to me on November 2, 2016. On December 16, 2016, I proposed to the parties that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object.
The SOR alleges five medical debts and charged-off first and second mortgage loans. Applicant paid the medical debts, and the mortgage loans were resolved by a short sale with no evidence of a deficiency. Her current finances are sound. 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(c), and 20(d).
The concerns over Applicant’s history of 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. I also gave due consideration to the whole-person concept. Accordingly, I conclude that she met her ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant her eligibility for access to classified information. This case is decided for Applicant.
________________________ Edward W. Loughran Administrative Judge