ISCR Case 08-04725.h1

Case Headnote

ISCR Case No. 08-04725.h1

grantedJan 13, 2009· Hon. Noreen A. Lynch· hearing

Summary

A 47-year-old defense contractor employee was granted a security clearance despite concerns under Guidelines E (Personal Conduct) and F (Financial Considerations). The applicant's financial difficulties, totaling approximately $32,756 in delinquent debts, were largely attributed to a volatile marriage and subsequent divorce.

The Statement of Reasons (SOR) listed several specific debts, including a $139 medical account that was paid, and four AT&T wireless accounts that appeared to be duplicates and were disputed by the applicant. Other alleged debts remained unpaid, though the applicant had contacted creditors and planned to settle larger amounts after addressing smaller ones. Additionally, several medical accounts totaling $1,400 were being resolved through a $25 monthly payment plan. An allegation of falsification on her 2007 Security Clearance Application (SF 86) regarding delinquent debts was unsubstantiated, as the judge found no deliberate intent to provide false information.

The decision to grant the clearance was based on the finding that the applicant's financial issues were primarily due to circumstances beyond her control. She demonstrated credible efforts to manage her finances, including establishing a debt consolidation plan and attending financial counseling. These responsible actions and her current financial conduct mitigated concerns about her reliability and trustworthiness.

Why the Applicant Prevailed

The applicant's financial difficulties were largely due to circumstances beyond her control, including a volatile marriage and divorce.
She demonstrated credible efforts to manage her debts, including establishing a debt consolidation plan and attending financial counseling.
The applicant's current financial conduct and responsible actions mitigated concerns about her reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(a)appliedBehavior Happened Long Ago or Infrequently
AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
AG ¶ 20(c)appliedReceived Counseling for the Problem
AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
AG ¶ 20(e)appliedReasonable Basis to Dispute Legitimacy of Debt

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedJun 18, 2008
Answer filedJun 27, 2008
Hearing heldDec 9, 2008
Decision dateJan 13, 2009

Cite For

Mitigation of Financial Considerations Under Guideline F Due to Circumstances Beyond Control
Credibility of Applicant's Testimony Regarding Financial Issues
Application of Whole Person Concept in Security Clearance Decisions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant completed her Security Clearance Application (SF 86) and answered “yes” to the question about any debts that were 90 or 180 days delinquent. She listed $1,600 in debt and explained that she did not have any paperwork with her. The allegation of falsification is unsubstantiated. I do not find that she deliberately provided false information on her SF 86 in 2007.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Financial	Denied	—	(f) information was unsubstantiated or from a questionable source	Credited Explanation of Omission Credible

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant completed her Security Clearance Application (SF 86) and answered “yes” to the question about any debts that were 90 or 180 days delinquent. She listed $1,600 in debt and explained that she did not have any paperwork with her. The allegation of falsification is unsubstantiated. I do not find that she deliberately provided false information on her SF 86 in 2007.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Financial

Denied

—

(f) information was unsubstantiated or from a questionable source

Credited

Explanation of Omission Credible

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant admitted owing six debts listed in the SOR. Applicant has paid the debt in ¶ 1.a for $139. This is a medical account. $139	For Applicant	Medical Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.b	Applicant has four SOR allegations (¶¶ 1.b, c, n. and o) that relate to AT&T wireless accounts. These appear to be duplicates. Applicant disputed that the accounts had not been paid.	For Applicant	Unspecified Financial	Denied	—	(e) reasonable, documented basis to dispute the debt	Claimed Financial Counseling
1.c	The other accounts alleged in the SOR have not been paid but Applicant has contacted them. She plans to settle the larger ones as soon as she pays off the smaller ones.	For Applicant	Unspecified Financial	Denied	—	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Claimed Financial Counseling
1.d–1.j	7 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—
1.k	Applicant has several other medical accounts listed in the SOR (¶¶ 1.k and 1.l). These accounts are being resolved through a payment plan. She pays $25 monthly on a total of $1,400. $1,400	For Applicant	Medical Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Payment Plan with Creditor
1.l–1.o	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant admitted owing six debts listed in the SOR. Applicant has paid the debt in ¶ 1.a for $139. This is a medical account.

$139

For Applicant

Medical Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.b

Applicant has four SOR allegations (¶¶ 1.b, c, n. and o) that relate to AT&T wireless accounts. These appear to be duplicates. Applicant disputed that the accounts had not been paid.

For Applicant

Unspecified Financial

Denied

—

(e) reasonable, documented basis to dispute the debt

Claimed

Financial Counseling

1.c

The other accounts alleged in the SOR have not been paid but Applicant has contacted them. She plans to settle the larger ones as soon as she pays off the smaller ones.

For Applicant

Unspecified Financial

Denied

—

(b) conditions largely beyond the person’s control; acted responsibly

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Financial Counseling

1.d–1.j

7 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

1.k

Applicant has several other medical accounts listed in the SOR (¶¶ 1.k and 1.l). These accounts are being resolved through a payment plan. She pays $25 monthly on a total of $1,400.

$1,400

For Applicant

Medical Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Payment Plan with Creditor

1.l–1.o

4 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION