Summary
The applicant, a 55-year-old retired Navy veteran with a history of holding a top secret clearance, faced security concerns under Guideline F due to financial difficulties stemming from his wife's mismanagement of finances during his deployment. Despite having delinquent debts totaling approximately $27,000, the applicant demonstrated responsible behavior by addressing debts upon his return and actively seeking employment. The judge found sufficient mitigation of the financial concerns, resulting in a granted security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: for a collection account in the amount of $513 (1.a). an unpaid medical account for $211 (1.b). another unpaid medical bill for $166 (1.c). for an unpaid pizza in the amount of $25 (1.d). for a collection account in the amount of $1,290 (1.e). for a charged off account in the amount of $12,158 (1.f). for a charged off account in the amount of $1,381 (1.g). for a charged off account in the amount of $1,120 (1.h). a judgment in the amount of $615 for a dental bill that his wife did not pay (1.i). a judgment in the amount of $1,161 for a credit account (1.j). a judgment in the amount of $1,165 for late condominium fees that his wife did not pay in 2004 (1.k). a judgment in the amount of $8,045 (1.l).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant took immediate action to address unpaid debts upon returning home; He demonstrated responsible financial behavior despite his wife's mismanagement; The applicant's financial difficulties were largely due to circumstances beyond his control, including unemployment.
Why the Applicant Prevailed
- The applicant took immediate action to address unpaid debts upon returning home.
- He demonstrated responsible financial behavior despite his wife's mismanagement.
- The applicant's financial difficulties were largely due to circumstances beyond his control, including unemployment.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened so Long Ago or Occurred Under Circumstances Unlikely to Recur
- AG ¶ 20(b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
- AG ¶ 20(c)appliedEvidence of Counseling or Resolution of the Problem
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)rejectedReasonable Basis to Dispute the Legitimacy of the Past Due Debt
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMar 6, 2008
- Answer filedApr 7, 2008
- Hearing heldJun 30, 2008
- Decision dateJul 31, 2008
Cite For
- Mitigation of Financial Difficulties Under Guideline F
- Impact of Spousal Financial Mismanagement on Security Clearance
- Consideration of Whole Person Concept in Security Clearance Decisions