Summary
The applicant, a 32-year-old defense contractor, faced security concerns under Guideline F due to financial issues stemming from her first marriage. The judge found that the applicant's debts were largely beyond her control and that she had taken responsible actions to address her financial situation, ultimately granting her eligibility for a security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant had a collection account (car repossession) for $12,439 (1.a). Applicant had a delinquent medical account in the amount of $545 (1.b). Applicant had a delinquent medical account in the amount of $148 (1.c). Applicant had a delinquent medical account in the amount of $88 (1.d). Applicant had a delinquent medical account in the amount of $38 (1.e). Applicant had a consumer collection account for $1,334 (1.f).
The judge granted the clearance. The government raised disqualifying conditions F.19(a), F.19(c). The judge applied mitigating conditions F.20(a), F.20(b), F.20(c), F.20(d), F.20(e). The decision turned on the following: The applicant's financial issues were primarily due to her ex-husband's failure to comply with a divorce settlement; She demonstrated responsible actions by attempting to locate her ex-husband to resolve debts attributed to him; The applicant is actively making payments on her remaining medical debts and student loans.
Why the Applicant Prevailed
- The applicant's financial issues were primarily due to her ex-husband's failure to comply with a divorce settlement.
- She demonstrated responsible actions by attempting to locate her ex-husband to resolve debts attributed to him.
- The applicant is actively making payments on her remaining medical debts and student loans.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- F.20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- F.20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“A security clearance adjudication is not a debt collection procedure. It is a procedure designed to evaluate an applicant’s judgment, reliability, and trustworthiness.”
Procedural Posture
- SOR issuedFeb 12, 2016
- Answer filedMar 14, 2016
- Hearing held—Decided on the written record.
- Decision dateApr 28, 2017
Cite For
- Mitigation of Financial Issues Due to Circumstances Beyond the Applicant's Control
- Responsible Actions Taken to Resolve Debts Attributed to a Former Spouse
- Evaluation of Financial Considerations Under Guideline F in Security Clearance Cases.