Summary
Darlene D. Anderson, the Administrative Judge, granted a security clearance to a 39-year-old male applicant despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons detailed two primary financial allegations: an approximate $16,775 credit card debt charged off by one bank, and an approximate $10,750 credit card debt placed for collection by a military bank. These issues raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a) and AG ¶ 19(c).
However, the Judge applied several mitigating conditions, including AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d). The decision to grant clearance was based on the applicant's demonstrated efforts to resolve his financial difficulties.
Specifically, the applicant has made consistent payments, significantly reducing his outstanding debts. The financial problems were largely attributed to unforeseen circumstances beyond his control, such as a disability and unexpected child support obligations. Furthermore, the applicant has taken on additional part-time work to improve his financial situation, demonstrating a commitment to resolving his financial issues.
Why the applicant prevailed
- The applicant has made consistent payments toward his debts and has significantly reduced the amount owed.
- The financial issues were largely due to circumstances beyond the applicant's control, including a disability and unexpected child support obligations.
- The applicant has taken on additional part-time work to improve his financial situation.
Conditions referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 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
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJun 4, 2016
- Answer filedJul 1, 2016
- Hearing heldJan 17, 2017
- Decision dateMay 16, 2017
Cite for
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Good-faith Efforts to Resolve Debts
- Consideration of the Whole-person Concept in Security Clearance Decisions