CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 16-01109.h1 — CASE

ISCR Case 16-01109.h1granted

Case Headnote

ISCR Case No. 16-01109.h1

grantedJan 26, 2017· Hon. Mark W. Harvey· hearing

Summary

This DOHA security clearance case involved an applicant facing concerns under Guideline F (Financial Considerations) due to approximately $81,202 in unpaid debts. The Statement of Reasons detailed seven such debts.

To address these concerns, the applicant initiated monthly payments of $1,770 to her creditors in March 2015. Over the subsequent 21 months, she reduced her total debt to about $46,000. Ultimately, she paid, settled, or established payment plans for all the debts specified in the Statement of Reasons.

The judge determined that the applicant's actions mitigated the security concerns, applying mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d). The judge concluded that the applicant demonstrated a proactive approach to resolving her financial issues, and her current reliability and good judgment were not in doubt. Consequently, the security clearance was GRANTED.

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)appliedThe Behavior Was Not Recent and the Applicant Has Taken Significant Steps to Address the Financial Issues.
AG ¶ 20(b)appliedThe Applicant Has a Good Faith Effort to Repay Her Debts.
AG ¶ 20(c)appliedThe Applicant Has Established a Track Record of Making Payments and Settling Debts.
AG ¶ 20(d)appliedThe Applicant Has a Plan to Resolve Her Financial Problems and Is Actively Implementing It.

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 13, 2016
Answer filedAug 16, 2016
Hearing heldDec 5, 2016proposed summary disposition in Applicant’s favor
Decision dateJan 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.

Standardized Decision Profile

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

Posture: Decision on RecordDecided: granted

The applicant had seven unpaid debts totaling approximately $81,202, which she began addressing in March 2015 by making monthly payments. Over 21 months, she reduced her debt to about $46,000 and implemented a plan to resolve her financial issues, leading to a decision in her favor under Guideline F.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant accrued seven unpaid debts totaling about $81,202. $81,202	For Applicant	Unspecified Financial	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	—
1.b	In March 2015, she began making monthly $1,770 payments to her creditors.	For Applicant	Unspecified Financial	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	—
1.c	Over the next 21 months, she reduced her debt total to about $46,000. $46,000	For Applicant	Unspecified Financial	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	—
1.d	She paid, settled, and established payment plans for all of the debts alleged in the SOR.	For Applicant	Unspecified Financial	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	—

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. 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