Summary
A 62-year-old cleaning day porter was granted a security clearance under Guideline F (Financial Considerations) despite initial concerns regarding two collection accounts. The Statement of Reasons cited a credit card debt of $10,650 and a second credit card debt of $3,921. These allegations raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a) and AG ¶ 19(c).
However, the applicant successfully mitigated these concerns. She admitted to the $10,650 debt and demonstrated a good-faith effort to resolve it. Crucially, she provided evidence disputing the legitimacy of the $3,921 debt, proving it was not hers. Her financial difficulties were also attributed to mitigating circumstances, specifically her husband's disability and her prior period of unemployment.
The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), and AG ¶ 20(e), finding that the applicant had demonstrated financial responsibility and had successfully mitigated the government's concerns. Consequently, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve her debts.
- The applicant provided evidence disputing the legitimacy of one debt, which was not hers.
- The applicant's financial difficulties were largely due to her husband's disability and her prior unemployment.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
- AG ¶ 20(e)appliedReasonable Basis to Dispute Debt
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 9, 2008
- Answer filedAug 6, 2008
- Hearing heldFeb 5, 2009
- Decision dateFeb 24, 2009
Cite For
- Mitigating Financial Difficulties Under Guideline F
- Good-faith Efforts to Resolve Debts
- Disputing the Legitimacy of Debts as a Mitigating Factor