Summary
A 47-year-old defense contractor was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons alleged several debts, including two amounts of $14,730.00 and $14,618.00 owed to Unifund, a disputed $2,255.00 debt, and three medical debts from a January 31, 2008, credit report for $57.00, $97.00, and $82.00. These allegations raised disqualifying conditions AG ¶ 19.a and AG ¶ 19.c.
However, the judge found that the applicant successfully disputed most of these alleged debts, demonstrating they were not his responsibility. The financial issues were largely incurred without his knowledge during his military deployment and were attributed to actions taken by his former spouse, indicating circumstances beyond his control.
The applicant took responsible actions to address his financial situation, including disputing debts and paying off others. The judge determined that the applicant's financial issues were under control, leading to the application of mitigating conditions AG ¶ 20.a, AG ¶ 20.b, AG ¶ 20.c, and AG ¶ 20.d. Consequently, the applicant was granted eligibility for a security clearance.
Why the Applicant Prevailed
- The applicant successfully disputed the alleged debts, demonstrating they were not his responsibility.
- The applicant's financial issues were largely caused by circumstances beyond his control, specifically actions taken by his former spouse.
- The applicant has taken responsible actions to address his financial situation, including disputing debts and paying off others.
Conditions Referenced
- AG ¶ 19.araisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19.craisedA History of Not Meeting Financial Obligations
- AG ¶ 20.aappliedBehavior Happened Long Ago or Infrequently
- AG ¶ 20.bappliedConditions Largely Beyond the Person's Control
- AG ¶ 20.cappliedReceived Counseling or Problem Is Under Control
- AG ¶ 20.dappliedGood-faith Effort to Repay or Resolve Debts
Key Rule Quoted
“The President has “the authority to . . . control access to information bearing on national security and to determine whether an individual is sufficiently trustworthy to occupy a position that will give that person access to such information.””
Procedural Posture
- SOR issuedFeb 29, 2008
- Answer filedMar 25, 2008
- Hearing held—Applicant appeared pro se.
- Decision dateNov 24, 2008
Cite For
- Mitigating Conditions Under Guideline F for Financial Issues Caused by Circumstances Beyond Control
- Successful Dispute of Debts as a Basis for Granting Security Clearance
- Whole Person Analysis in Evaluating Security Clearance Eligibility