Summary
The applicant, a 65-year-old single male employed by a defense contractor, faced security concerns under Guideline F due to a history of financial difficulties, including bankruptcy and outstanding debts. The judge found that the applicant's financial issues were largely due to circumstances beyond his control, such as unemployment and medical emergencies, and noted his efforts to resolve his debts through a debt resolution company. Ultimately, the judge granted the applicant eligibility for a security clearance, concluding that the applicant had mitigated the security concerns.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The Applicant forced the Applicant into bankruptcy in 1997 (1.a). The Applicant owes this creditor approximately $2,000.00 for a credit card bill (1.b). The Applicant owes this credit card account in the amount of $9,730.00 (1.c). The Applicant owed a bank $7,362.00 for a credit card (1.d). The Applicant owes $11,638.00 for another credit card (1.e).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant's financial difficulties were primarily due to circumstances beyond his control, including unemployment and a medical emergency; The applicant has made significant progress in resolving his debts, including paying off one debt and negotiating others; The applicant demonstrated responsible behavior by working with a debt resolution company and maintaining current debt payments.
Why the Applicant Prevailed
- The applicant's financial difficulties were primarily due to circumstances beyond his control, including unemployment and a medical emergency.
- The applicant has made significant progress in resolving his debts, including paying off one debt and negotiating others.
- The applicant demonstrated responsible behavior by working with a debt resolution company and maintaining current debt payments.
Conditions Referenced
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedThere Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 20, 2007
- Answer filedJan 29, 2008
- Hearing heldMay 15, 2008
- Decision dateAug 20, 2008
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Successful Resolution of Debts as a Factor in Security Clearance Eligibility
- Whole Person Concept Applied in Financial Considerations Cases