Summary
A 45-year-old defense contractor employee was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons cited approximately $12,700 in delinquent debts, primarily originating from her 2009 divorce. Specific allegations included a $1,502 judgment with a remaining balance of $353 as of March 2016, a $674 judgment satisfied in August 2013, and a $398 judgment paid in full by November 2011. Additionally, a $798 past-due vehicle loan was noted as current, and medical debts totaling $2,240 for her children's care were identified.
The judge found that the applicant's financial difficulties were largely due to circumstances beyond her control, specifically her divorce. She had not incurred any new delinquent debt since 2013 and demonstrated active efforts to resolve her existing obligations.
Crucially, the applicant filed for Chapter 13 bankruptcy, which was viewed as a good-faith effort to manage her financial responsibilities. These mitigating factors, including the origin of the debt, the absence of new delinquencies, and her proactive steps toward resolution, led to the determination that she acted responsibly. Consequently, the applicant was granted eligibility for access to sensitive information.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to her divorce, a circumstance beyond her control.
- She has not incurred any delinquent debt since 2013 and has been actively working to resolve her debts.
- The applicant filed for Chapter 13 bankruptcy, demonstrating a good-faith effort to manage her financial obligations.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to Recur
- AG ¶ 20(b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
- AG ¶ 20(d)appliedIndividual Initiated a Good-faith Effort to Repay Overdue Creditors or Resolve Debts
Key Rule Quoted
“A [trustworthiness] adjudication is an evaluation of an individual’s judgment, reliability, and trustworthiness. It is not a debt-collection procedure.”
Procedural Posture
- SOR issuedFeb 23, 2016
- Answer filedMar 11, 2016
- Hearing held—Decision made on the record without a hearing.
- Decision dateMar 28, 2017
Cite For
- Mitigating Conditions Under Guideline F Due to Circumstances Beyond the Applicant's Control
- Good-faith Efforts to Resolve Financial Obligations
- Evaluation of Trustworthiness Not Being a Debt-collection Procedure