A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-04801.h1
GrantedDecided Mar 24, 2017 · Administrative Judge Robert E. Coacher · Hearing
Case headnote
Summary
The applicant, a male individual with financial concerns under Guideline F, successfully mitigated security issues related to his financial history by demonstrating that he paid or settled all debts totaling approximately $89,000, which were primarily incurred by his son using his credit information. The judge concluded that the applicant's current financial standing and acceptance of responsibility for the debts outweighed previous concerns, resulting in a favorable decision for the applicant.
Why the applicant prevailed
- Applicant paid or settled all debts listed in the SOR, totaling approximately $89,000.
- Most debts were incurred by his son using the applicant's credit information.
- Applicant accepted responsibility for the debts and demonstrated good financial standing.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent.applied
- AG ¶ 20(b) The conditions that resulted in the financial problems were largely beyond the person's control.applied
- AG ¶ 20(c) The person has received or is receiving counseling for the problem.noted
- AG ¶ 20(d) The person has a reasonable basis to expect to be able to satisfy debts.applied
- AG ¶ 20(e) The person is now in a good financial position.applied
Key rule quoted
“I also gave due consideration to the whole-person concept.”
Procedural posture
- SOR issued
- 03/19/2016
- Answer filed
- 04/18/2016
- Hearing held
- 03/16/2017
- Decision date
- 03/24/2017 Proposed summary disposition in Applicant’s favor on 03/21/2017.
Cite for
- Mitigation of Financial Issues Under Guideline F
- Whole-person Concept in Security Clearance Decisions
- Responsibility for Debts Incurred by Family Members
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
- 89000
- Payment Plan
- no
- Bankruptcy
- filed_not_discharged
Allegations under Guideline F
Reading the 4 per allegation rows needs a free account.
4 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. 15-04801 ) Applicant for Security Clearance )
Appearances
For Government: Robert Kilmartin, Esq., Department Counsel For Applicant: Ryan C. Nerney, Esq.
03/24/2017 ______________
Decision
______________
COACHER, Robert E., Administrative Judge:
On March 19, 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 April 18, 2016, and requested a hearing before an administrative judge. I was assigned the case on January 27, 2017. The hearing was held as scheduled on March 16, 2017. On March 21, 2017, I proposed that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object.
Applicant established through documentation that he paid or settled all six of the debts listed in the SOR, totaling approximately $89,000. His son, who has the same name as Applicant, incurred most of the debts by using his father’s credit information. Initially, Applicant filed a Pro se Chapter 7 bankruptcy petition that was dismissed. He then hired an attorney to file a Chapter 7 petition. That action was also dismissed after Applicant was advised he would be better off resolving the debts himself. Applicant accepted responsibility for the debts and paid or settled all the obligations. Applicant’s evidence established that he is in good financial standing. Based on the record evidence as a whole, I conclude that the security concerns are mitigated under the following mitigating conditions: AG ¶¶ 20(a) through 20(e).
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 whether 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