A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 16-01109.h1
GrantedDecided Jan 26, 2017 · Administrative Judge Mark W. Harvey · Hearing
Case headnote
Summary
The applicant, a female with financial issues, faced security concerns under Guideline F due to unpaid debts totaling approximately $81,202. After taking significant steps to address her financial situation, including making monthly payments and settling debts, the judge found that the applicant mitigated the security concerns and granted her security clearance.
Why the applicant prevailed
- The applicant demonstrated a proactive approach to resolving her financial issues by making substantial payments to creditors.
- She established payment plans and settled all debts alleged in the SOR.
- The judge concluded that the applicant's current reliability and good judgment were not in doubt.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent and the applicant has taken significant steps to address the financial issues.applied
- AG ¶ 20(b) The applicant has a good faith effort to repay her debts.applied
- AG ¶ 20(c) The applicant has established a track record of making payments and settling debts.applied
- AG ¶ 20(d) The applicant has a plan to resolve her financial problems and is actively implementing it.applied
Key rule quoted
“I also gave due consideration to the whole-person concept.”
Procedural posture
- SOR issued
- July 13, 2016
- Answer filed
- August 16, 2016
- Hearing held
- December 5, 2016 proposed summary disposition in Applicant’s favor
- Decision date
- January 26, 2017
Cite for
- Mitigation of Financial Issues Under Guideline F
- Whole-person Concept in Security Clearance Determinations
- Good Faith Efforts in Debt Repayment as a Mitigating Factor
Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.
From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
- Delinquent Usd
- 81202
- Payment Plan
- yes
- Bankruptcy
- none
Allegations under Guideline F
Reading the 4 per allegation rows needs a free account.
4 rows in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS
In the matter of: ) ) ) ISCR Case No. 16-01109 ) ) Applicant for Security Clearance
Appearances
For Government: Caroline E. Heintzelman, Esq., Department Counsel For Applicant: Jack B. Spooner, Esq.
01/26/2017 ____________
Decision
____________
HARVEY, Mark, Administrative Judge:
On July 13, 2016, the Department of Defense (DOD) Consolidated Adjudications Facility (CAF) 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 for Determining Eligibility for Access to Classified Information (AG), which became effective on September 1, 2006.
Applicant responded to the SOR on August 16, 2016, and requested a hearing before an administrative judge. The case was assigned to me on November 1, 2016. The hearing was held as scheduled on December 5, 2016. On December 5, 2016, after the hearing, I proposed that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object. On December 13, 2016, I received a copy of the transcript.
Applicant was in a bad relationship with her boyfriend, and it has taken her several years to extricate herself from this relationship. She acknowledged that she made some poor decisions, especially by providing financial support to her boyfriend. She accrued seven unpaid debts totaling about $81,202. In March 2015, she began making monthly $1,770 payments to her creditors. Over the next 21 months, she reduced her debt total to about $46,000. She paid, settled, and established payment plans for all of the debts alleged in the SOR. She has a plan to resolve her financial problems, and she has taken significant action to implement that plan. Based on the record evidence as a whole, I conclude that the security concerns are mitigated under the following mitigating conditions: AG ¶¶ 20(a), 20(b), 20(c), and 20(d).
The concerns over Applicant’s history of financial problems do not create doubt about her 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 she met her ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant her eligibility for access to classified information. This case is decided for Applicant.
________________________ Mark Harvey Administrative Judge