Summary
The applicant, a 53-year-old flight line mechanic married and employed by a defense contractor, faced financial difficulties under Guideline F due to overdue debts totaling over $30,000. The judge found that the applicant had resolved or was in the process of resolving these debts, attributing the financial issues to circumstances beyond his control, including a serious illness and a divorce. Ultimately, the applicant was granted eligibility for a security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: This overdue debt is cited in the SOR for a delinquent medical account in the amount of $1,701 (1.a). This overdue debt is cited in the SOR for a delinquent medical account in the amount of $356 (1.b). This overdue debt is cited in the SOR for a delinquent medical account in the amount of $99 (1.c). This overdue debt is cited in the SOR for a delinquent medical account in the amount of $81 (1.d). This overdue debt is cited in the SOR for a delinquent account in the amount of $728 (1.e). This overdue debt is cited in the SOR for a judgment filed against Applicant in December 2006 in the amount of $1,058 (1.f). This overdue debt is cited in the SOR for a delinquent account in the amount of $16,057 (1.g). This overdue debt is cited in the SOR for a delinquent account in the amount of $811 (1.h). This overdue debt is cited in the SOR for a delinquent account in the amount of $108 (1.i). This overdue debt is cited in the SOR for a delinquent account in the amount of $10,000 (1.j).
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(d). The decision turned on the following: All delinquent debts were resolved or settled by the applicant; The applicant's financial difficulties were largely due to circumstances beyond his control, such as illness and divorce; The applicant demonstrated a good-faith effort to address and mitigate his financial issues.
Why the Applicant Prevailed
- All delinquent debts were resolved or settled by the applicant.
- The applicant's financial difficulties were largely due to circumstances beyond his control, such as illness and divorce.
- The applicant demonstrated a good-faith effort to address and mitigate his financial issues.
Conditions Referenced
- AG ¶ 19(a)raisedInability 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(d)appliedGood-faith Effort to Repay Overdue Creditors or Resolve Debts
Key Rule Quoted
“The administrative judge’s overarching adjudicative goal is a fair, impartial, and commonsense decision.”
Procedural Posture
- SOR issuedJul 13, 2016
- Answer filedAug 13, 2016
- Hearing heldJun 5, 2017
- Decision dateJun 5, 2017
Cite For
- Mitigating Conditions Under Guideline F Due to Circumstances Beyond Control
- Good-faith Efforts to Resolve Financial Issues
- Whole-person Concept in Security Clearance Evaluations