Summary
The applicant, a 43-year-old graphics specialist, faced security concerns under Guideline F due to financial difficulties stemming from her husband's unapproved vehicle purchase and subsequent periods of unemployment. Despite a history of delinquent debts totaling approximately $12,800, the applicant demonstrated significant efforts to address her financial obligations, including repayment plans and credit counseling. The judge granted the security clearance, finding that the applicant's financial issues were largely beyond her control and that she had shown a commitment to resolving her debts.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Collection Account for $663 – Applicant has started a repayment plan on this account with her first monthly installment of $25 (1.a). Collection Account for $585 – Applicant has returned her cable box, reducing her balance to approximately $157, which she plans on satisfying at the end of September 2008 (1.b). Medical Collection for $100 – Paid (1.c). Medical Collection for $100 – Paid (1.d). Medical Collection for $450 – In repayment; balance currently at $350 (1.e). Collection Account for $155 – Unpaid (1.f). Charge-off Account for $8,218 – This account is no longer on Applicant’s credit report and she does not have current contact information for the creditor (1.g). Charge-off Account for $2,480 – Unpaid (1.h). Collection Account for $94 – Unpaid (1.i). Medical Collection for $50 – Paid (1.j).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), 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 demonstrated a good faith effort to repay overdue creditors and resolve debts; The applicant's financial difficulties were largely due to her husband's decisions and circumstances beyond her control; The applicant has shown improvement in her financial situation with her husband's return to stable employment.
Why the Applicant Prevailed
- The applicant demonstrated a good faith effort to repay overdue creditors and resolve debts.
- The applicant's financial difficulties were largely due to her husband's decisions and circumstances beyond her control.
- The applicant has shown improvement in her financial situation with her husband's return to stable employment.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- 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 Behavior Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedThe 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 ¶ 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 issuedApr 30, 2008
- Answer filedJun 10, 2008Applicant admitted six and denied four allegations.
- Hearing heldAug 14, 2008Hearing took place as scheduled.
- Decision dateSep 30, 2008
Cite For
- Mitigating Conditions Under Guideline F Due to Circumstances Beyond the Applicant's Control
- Good Faith Efforts to Resolve Financial Obligations
- Impact of Family Circumstances on Financial Stability