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Summary

The applicant, a 44-year-old patient care advocate for a Department of Defense contractor, faced trustworthiness concerns under Guidelines E and F due to significant financial difficulties, including child support arrears and unpaid debts. The judge found that the applicant's financial issues were largely due to circumstances beyond his control and noted his efforts to repay debts, ultimately granting his eligibility for access to sensitive information.

Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: You are indebted to the State of [ ] for child support in the approximate amount of $6,000. As of April 9, 2007, this debt has not been satisfied (1.a). You are indebted to the Internal Revenue Service for federal taxes for the tax year 2003 in the approximate amount of $330. As of April 9, 2007 this debt has not been paid (1.b). You are indebted to [Creditor] for a car loan in the approximate amount of $17,095. As of April 9, 2007, this debt has not been satisfied (1.c). You are indebted to [Creditor] for a car loan in the approximate amount of $12,000. As of April 9, 2007, this debt has not been satisfied (1.d). You are indebted to [Creditor] for a student loan in the approximate amount of $5,000. As of April 9, 2007, this debt has not been satisfied (1.e). You are indebted to [Creditor] for a utility bill in the approximate amount of $1,200. As of April 9, 2007, this debt has not been satisfied (1.f). You are indebted to [Creditor] for a rent payment in the approximate amount of $2,500. As of April 9, 2007, this debt has not been satisfied (1.g). You are indebted to [Creditor] for a book club membership in the approximate amount of $300. As of April 9, 2007, this debt has not been satisfied (1.h). You are indebted to [Creditor] for a jaywalking ticket in the approximate amount of $150. As of April 9, 2007, this debt has not been satisfied (1.i). You are indebted to [Creditor] for a medical bill in the approximate amount of $800. As of April 9, 2007, this debt has not been satisfied (1.j). You are indebted to [Creditor] for a credit card in the approximate amount of $1,000. As of April 9, 2007, this debt has not been satisfied (1.k). You are indebted to [Creditor] for a personal loan in the approximate amount of $2,000. As of April 9, 2007, this debt has not been satisfied (1.l). You are indebted to [Creditor] for a personal loan in the approximate amount of $1,500. As of April 9, 2007, this debt has not been satisfied (1.m).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant demonstrated a good-faith effort to repay overdue creditors, particularly in resolving child support arrears; The applicant's financial difficulties were largely due to circumstances beyond his control, including low income and marital issues; The applicant's debts related to car repossessions were time-barred under state law, reducing his financial vulnerability.

Why the applicant prevailed

• The applicant demonstrated a good-faith effort to repay overdue creditors, particularly in resolving child support arrears.
• The applicant's financial difficulties were largely due to circumstances beyond his control, including low income and marital issues.
• The applicant's debts related to car repossessions were time-barred under state law, reducing his financial vulnerability.

Conditions referenced

Key rule quoted

“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”

Procedural posture

• SOR issuedJan 3, 2008
• Answer filedJan 31, 2008
• Hearing heldApr 9, 2008
• Decision dateMay 12, 2008

Cite for

• Mitigating Conditions for Financial Difficulties Under Guideline F
• Considerations of Circumstances Beyond an Applicant's Control in Financial Matters
• Good-faith Efforts to Resolve Debts in Security Clearance Cases