Summary
A 39-year-old federal employee was granted a security clearance despite concerns under Guideline F (Financial Considerations). The applicant faced numerous allegations, including ten unpaid medical debts, four unpaid utility debts incurred after her husband failed to pay them, and an unpaid deficiency balance from a repossessed truck loan. Additionally, she had a paid federal tax lien, a disputed Maryland state tax lien, and two retail goods debts that the government agreed she did not owe. The applicant also had a Chapter 13 bankruptcy filing and dismissal.
The financial difficulties largely stemmed from an abusive marriage, with many debts resulting from her husband's actions. Despite these challenges, the applicant demonstrated responsible financial behavior, particularly in supporting her children as a single parent. She successfully paid off the federal tax lien and disputed other debts that were subsequently removed from her credit report.
The judge found that the applicant mitigated the security concerns. Witnesses attested to her reliability and strong work ethic, and she was deemed to have acted responsibly under difficult circumstances. Consequently, the security clearance was granted.
Why the Applicant Prevailed
- The applicant acted responsibly under difficult circumstances, including supporting her children as a single parent after leaving an abusive husband.
- She successfully paid off a federal tax lien and disputed debts that were found to be invalid.
- The applicant's witnesses attested to her reliability and strong work ethic.
Conditions Referenced
- AG ¶ 19araisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19craisedA History of Not Meeting Financial Obligations
- AG ¶ 20bappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20cappliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 20dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20eappliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“A security clearance decision is intended only to resolve the questions of whether it is clearly consistent with the national interest for an Applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedMar 13, 2008
- Answer filedJun 2, 2008
- Hearing heldNov 13, 2008
- Decision dateDec 19, 2008
Cite For
- Mitigation of Financial Issues Due to Domestic Abuse Under Guideline F
- Consideration of the Whole Person Concept in Security Clearance Decisions
- Impact of Uncontrollable Circumstances on Financial Obligations in Security Clearance Cases