A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-04332.h1
GrantedDecided Dec 6, 2016 · Administrative Judge Robert E. Coacher · Hearing
Case headnote
Summary
The applicant, a pro se individual, faced security concerns under Guideline F due to financial issues, including tax liabilities and debts. He demonstrated that all debts were resolved and that his current financial situation is stable, leading to a favorable decision.
Why the applicant prevailed
- Applicant resolved all alleged debts totaling $3,672.
- Applicant provided evidence of payment for all state and federal tax liabilities.
- The judge found that the applicant's current finances are in good order.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent.applied
- AG ¶ 20(b) The conditions that resulted in the financial problems were beyond the applicant's control.applied
- AG ¶ 20(c) The applicant has received financial counseling.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 his current reliability, trustworthiness, good judgment, and ability to protect classified information.”
Procedural posture
- SOR issued
- February 29, 2016
- Answer filed
- March 22, 2016
- Hearing held
- August 25, 2016
- Decision date
- December 6, 2016
Cite for
- Mitigation of Financial Issues Under Guideline F
- Resolution of Debts as a Factor in Security Clearance Decisions
- Importance of Current Financial Stability in Assessing Eligibility for Clearance
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
- 3672
- Bankruptcy
- none
Allegations under Guideline F
Reading the 2 per allegation rows needs a free account.
2 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. 15-04332 ) Applicant for Security Clearance )
Appearances
For Government: Robert J. Kilmartin, Esq., Department Counsel For Applicant: Pro se
12/06/2016 ______________
Decision
______________
COACHER, Robert E., Administrative Judge:
On February 29, 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 March 22, 2016, and requested a hearing before an administrative judge. The case was assigned to me on May 24, 2016. The hearing was held as scheduled on August 25, 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 worked in a combat zone overseas for two years. He hired a CPA to handle his taxes, but they were done incorrectly and Applicant incurred tax liability from two different states and the federal government. He presented documentary evidence showing that he paid all his state and federal tax liability. The SOR also alleged five other debts totaling $3,672. Applicant provided documentation showing that these debts have all been resolved. The evidence established that Applicant’s current finances are in good order. 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 him eligibility for access to classified information. This case is decided for Applicant.
________________________ Robert E. Coacher Administrative Judge