Summary
The applicant, a 37-year-old customer service representative, faced security concerns under Guideline E and Guideline F due to delinquent debts stemming from unemployment and child support issues. She successfully mitigated these concerns by demonstrating that her financial difficulties were largely beyond her control and that she has taken significant steps to resolve her debts. The administrative judge granted her security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Investigating these debts of $860 and $1490 as possibly for rent or telephone since to the same creditor and became due close to same time. Applicant has been in contact with creditor who demands a large initial payment before documentation can be provided. She is working on a settlement with the creditors (Exh. C 3) (1.a). Auto re-possession in 2002 for $3,196 which was a subject in the Applicant’s divorce decree in 2002 that made her husband responsible for the debt (Exh. B 6) (1.b). The largest debt is for education loans for $16,555 which was 90 days delinquent. Applicant is now paying on this loan and it is now current (Exh. A) (1.c). These four debts are each for only near $100. Contact has been made with all four and contact names provided (Exh. C 3). Some payments have been made on all four debts (1.e). A debt to the college she attended of $1,475 is covered by an agreement with the college for monthly payment of $20 which she has begun with a fixed date for final payment (Exh. C 1) (1.f). A debt for $8,143 is from credit card debt that became delinquent in 2004. Payments are being made on this debt of $20 per month with a plan for payment in full by a date certain (Exhs. B 2 and 4) (1.g). Investigating these debts of $860 and $1490 as possibly for rent or telephone since to the same creditor and became due close to same time. Applicant has been in contact with creditor who demands a large initial payment before documentation can be provided. She is working on a settlement with the creditors (Exh. C 3) (1.h). Two hospital bills from same hospital of $713 and $598. Arrangements made with creditor and payments of $25 per month have begun (Exh. C 5) (1.i). Two hospital bills from same hospital of $713 and $598. Arrangements made with creditor and payments of $25 per month have begun (Exh. C 5) (1.j). Delinquent debt of $635 which is the subject of an agreement requiring monthly payments of $25 which has begun (Exh. B 5) (1.k). Court fee of $244 now reduced to $24. (Exh. C 3) (1.l). Two credit card debts totaling $348 for which payments of $45 per month are being made per agreement with the creditor (Exh. C 2) (1.m). Two credit card debts totaling $348 for which payments of $45 per month are being made per agreement with the creditor (Exh. C 2) (1.n). These four debts are each for only near $100. Contact has been made with all four and contact names provided (Exh. C 3). Some payments have been made on all four debts (1.o). These four debts are each for only near $100. Contact has been made with all four and contact names provided (Exh. C 3). Some payments have been made on all four debts (1.p). These four debts are each for only near $100. Contact has been made with all four and contact names provided (Exh. C 3). Some payments have been made on all four debts (1.q).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19 a, AG ¶ 19 c, AG ¶ 16 b. The judge applied mitigating conditions AG ¶ 20 b, AG ¶ 20 c. The decision turned on the following: The applicant resolved her delinquent debts and established payment plans with creditors; Her financial difficulties were largely due to circumstances beyond her control, including unemployment and child support issues; The judge found her omission on the SF 85 P to be inadvertent rather than deliberate.
Why the Applicant Prevailed
- The applicant resolved her delinquent debts and established payment plans with creditors.
- Her financial difficulties were largely due to circumstances beyond her control, including unemployment and child support issues.
- The judge found her omission on the SF 85 P to be inadvertent rather than deliberate.
Conditions Referenced
- AG ¶ 19 araisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19 craisedHistory of Not Meeting Financial Obligations
- AG ¶ 16 braisedDeliberately Providing False or Misleading Information
- AG ¶ 20 bappliedConditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- AG ¶ 20 cappliedClear Indications That the Problem Is Being Resolved or Is Under Control
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural Posture
- SOR issuedApr 30, 2007
- Answer filedMay 18, 2007
- Hearing heldSep 11, 2007Record left open for two months for additional submissions.
- Decision dateNov 29, 2007
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Circumstances Beyond Control
- Inadvertent Omission on Security Forms Under Guideline E
- Demonstrating Resolution of Debts as a Mitigating Factor