CASEClearance Adjudication Search EngineCASE

Loading case…

ISCR Case 15-06479.h1 — CASE

ISCR Case 15-06479.h1granted

Case Headnote

ISCR Case No. 15-06479.h1

grantedJan 31, 2017· Hon. Robert E. Coacher· hearing

Summary

This security clearance case involved an applicant facing concerns under Guideline F (Financial Considerations) due to a history of financial problems and a bankruptcy. The Statement of Reasons specifically cited the applicant's financial history.

However, the applicant, representing himself, provided documentation demonstrating consistent financial responsibility. He established that he had made $1,000 monthly student loan payments for an extended period and had settled his credit card debt. Furthermore, the applicant clarified that his 2009 bankruptcy resulted from his divorce and debts incurred by his ex-wife, rather than his own financial mismanagement.

Based on this evidence, the judge applied mitigating conditions, concluding that the applicant's financial issues were resolved and did not impact his reliability or trustworthiness. Consequently, the security clearance was GRANTED.

Why the Applicant Prevailed

Applicant consistently made $1,000 monthly student loan payments for an extended period.
Applicant documented the settlement of his credit card debt.
The 2009 bankruptcy was attributed to his divorce and debts incurred by his ex-wife.

Conditions Referenced

Mitigating

AG ¶ 20(a)appliedThe Behavior Was Not Recent.
AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person's Control.
AG ¶ 20(c)notedThe Person Has Received or Is Receiving Counseling for the Problem.
AG ¶ 20(d)appliedThe Person Has Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts.

Key Rule Quoted

“I also gave due consideration to the whole-person concept.”

Procedural Posture

SOR issuedApr 22, 2016
Answer filedMay 28, 2016
Hearing heldJan 11, 2017
Decision dateJan 31, 2017

Cite For

Mitigation of Financial Issues Under Guideline F
Whole-person Concept in Security Clearance Decisions
Good Faith Efforts to Resolve Debts

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant had a history of financial problems, including a bankruptcy due to debts incurred by his ex-wife. However, the applicant demonstrated consistent monthly payments on his student loans and settled his credit card debt, leading the judge to conclude that the financial concerns were mitigated and granted the security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant established through documentation that he has consistently made $1,000 monthly student loan payments for an extended period. $1,000	For Applicant	Student Loan Debt	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.b	He also documented settlement of his credit card debt.	For Applicant	Credit Card Debt	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.c	His 2009 bankruptcy resulted from his divorce and debts incurred by his ex-wife.	For Applicant	Bankruptcy Filing	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Claimed Other

Descriptive standardized rendering of a decided public case (Guideline F). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS

In the matter of: ) ) ) ISCR Case No. 15-06479 ) Applicant for Security Clearance )

Appearances

For Government: Andrea Corrales, Esq., Department Counsel For Applicant: Pro se

01/31/2017 ______________

Decision

______________

COACHER, Robert E., Administrative Judge:

On April 22, 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 May 28, 2016, and requested a hearing before an administrative judge. The case was assigned to me on September 28, 2016. The hearing was held as scheduled on January 11, 2017. On January 18, 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 has consistently made $1,000 monthly student loan payments for an extended period. He also documented settlement of his credit card debt. His 2009 bankruptcy resulted from his divorce and debts incurred by his ex-wife. 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(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 his eligibility for access to classified information. This case is decided for Applicant.

________________________ Robert E. Coacher Administrative Judge