Summary
The applicant, a 35-year-old security engineer with an honorable military discharge, faced allegations under Guideline F (Financial Considerations) and Guideline E (Personal Conduct). He admitted to several delinquent debts totaling approximately $32,000 but demonstrated significant efforts to resolve these issues, including satisfying some debts and entering a payment plan. The judge found that the applicant's actions and circumstances mitigated the financial concerns, leading to a decision to grant the security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: a judgment in the amount of $1,056 (1.a). a charged-off account in the amount of $17,951 (1.b). a collection account in the amount of $5,613 (1.c). a charged off account in the amount of $3,352 (1.d). child support collection accounts in the amount of $1,111 (1.e). child support collection accounts in the amount of $1,380 (1.f). a phone collection account in the amount of $402 (1.g). a medical debt for $168 (1.h). in the amount of $61 (1.i). a collection account in the amount of $200 (1.j). a medical account in the amount of $1,076 (1.k).
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), AG ¶ 20(e). The decision turned on the following: The applicant took responsibility for his debts and provided evidence of payments and payment plans; He demonstrated credible efforts to resolve financial issues, including disputing incorrect debts and satisfying others; The applicant's financial difficulties were linked to circumstances beyond his control, such as unemployment and family obligations.
Why the Applicant Prevailed
- The applicant took responsibility for his debts and provided evidence of payments and payment plans.
- He demonstrated credible efforts to resolve financial issues, including disputing incorrect debts and satisfying others.
- The applicant's financial difficulties were linked to circumstances beyond his control, such as unemployment and family obligations.
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 the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 12, 2015
- Answer filed—
- Hearing heldOct 13, 2016
- Decision dateNov 30, 2016
Cite For
- Mitigation of Financial Issues Under Guideline F
- Consideration of Personal Circumstances Affecting Financial Stability
- Importance of Demonstrating Good-faith Efforts to Resolve Debts