A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-05244.h1
GrantedDecided Jan 19, 2017 · Administrative Judge Edward W. Loughran · Hearing
Case headnote
Summary
The applicant, a single parent, faced financial difficulties due to medical issues and unemployment, leading to multiple debts including wage garnishments for student loans. Despite these challenges, the applicant demonstrated a credible plan to manage her debts and mitigate security concerns, resulting in a granted security clearance under Guideline F.
Why the applicant prevailed
- Applicant credibly testified about her plan to manage and pay off her debts after garnishments were lifted.
- The judge found that the applicant's financial issues were primarily due to circumstances beyond her control, such as medical problems and unemployment.
- The applicant's history of financial problems did not create doubt about her current reliability and trustworthiness.
Conditions referenced
Mitigating
- AG ¶ 20(b) The conditions that led to the financial difficulties were beyond the applicant's control.applied
- AG ¶ 20(c) The applicant has shown a good faith effort to resolve her financial issues.applied
Key rule quoted
“The favorable evidence outweighed the unfavorable evidence.”
Procedural posture
- SOR issued
- 03/25/2016
- Answer filed
- 06/02/2016
- Hearing held
- 09/20/2016
- Decision date
- 01/19/2017 Proposed summary disposition in applicant's favor on 12/29/2016.
Cite for
- Mitigation of Financial Issues Under Guideline F
- Consideration of Circumstances Beyond the Applicant's Control in Financial Cases
- The Whole-person Concept in Security Clearance Determinations
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
- 23939
- Payment Plan
- yes
- Bankruptcy
- none
Allegations under Guideline F
Reading the 5 per allegation rows needs a free account.
5 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. 15-05244 ) Applicant for Security Clearance )
Appearances
For Government: Bryan J. Olmos Esq., Department Counsel For Applicant: Pro se
01/19/2017 ______________
Decision
______________
LOUGHRAN, Edward W., Administrative Judge:
On March 25, 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 June 2, 2016, and requested a hearing before an administrative judge. The case was assigned to me on July 28, 2016. The hearing was held as scheduled on September 20, 2016. On December 29, 2016, I proposed to the parties that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object.
Applicant’s finances were adversely affected by medical issues, unemployment, underemployment, and being a single parent. The Statement of Reasons alleges 2 wage garnishments totaling $23,939 for defaulted student loans, 13 medical debts, a $757 judgment, 2 telecommunications debts totaling $229, and about $10,000 owed on the loan for a repossessed car. Applicant admitted responsibility for all the debts.
The wage garnishments of 25% of her income prevented Applicant from paying her other debts, but she resisted seeking an amendment to the garnishments because she knew the forced payments would reduce her debts quickly. She planned to pay her other debts after the garnishments were lifted. From December 2015 through December 9, 2016, her wages were garnished $9,659. One garnishment was released because the loan was paid. Applicant appealed the second garnishment, and it was either lowered or released. Applicant credibly testified that she will use the freed-up income to pay her debts. Based on the record evidence as a whole, I conclude that the security concerns are mitigated under the following mitigating conditions: AG ¶¶ 20(b) and 20(c).
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