Summary
The applicant, a 32-year-old computer security engineer and former U.S. Air Force member, faced security concerns under Guideline F due to several delinquent debts attributed to periods of unemployment. The judge found that the applicant had taken significant steps to resolve his debts and demonstrated a commitment to financial responsibility, ultimately granting his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: delinquent car loan charged off for $12,613 (1.a). credit card account charged off for $4,065 (1.b). bank loan charged off for $148 (1.c). cable service account referred for collection of $135 (1.d). claim for apartment damage referred for collection of $937 (1.e). credit card account charged off for $8,700 (1.f).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant took substantial steps to resolve his delinquent debts after receiving the SOR; He demonstrated financial responsibility by making payments towards his debts and settling some accounts; The applicant's financial issues were largely due to circumstances beyond his control, including unemployment and a medical discharge.
Why the Applicant Prevailed
- The applicant took substantial steps to resolve his delinquent debts after receiving the SOR.
- He demonstrated financial responsibility by making payments towards his debts and settling some accounts.
- The applicant's financial issues were largely due to circumstances beyond his control, including unemployment and a medical discharge.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(d)appliedIndividual Initiated a Good-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)appliedIndividual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“A security clearance adjudication is an evaluation of an individual’s judgment, reliability, and trustworthiness. It is not a debt-collection procedure.”
Procedural Posture
- SOR issuedJun 15, 2016
- Answer filedJul 8, 2016
- Hearing heldSep 27, 2016
- Decision dateNov 7, 2016
Cite For
- Mitigating Conditions Under Guideline F Due to Financial Issues Stemming From Unemployment
- Evaluation of Financial Responsibility in the Context of Security Clearance
- Whole-person Analysis in Security Clearance Determinations