Summary
A 47-year-old field engineer was granted a security clearance despite a history of financial difficulties, which were evaluated under Guideline F (Financial Considerations). The applicant incurred significant debts after relocating for employment, leading to allegations concerning multiple credit cards, finance loans, child support arrears, and an automobile loan.
The applicant demonstrated proactive efforts to address these obligations. He established payment plans for several credit card debts totaling $1,289, $671, and $271, with the latter two potentially being duplicates and consolidated with another creditor. He also set up payment plans for two finance loans, each initially offered a $5,000 settlement, and is making automatic monthly payments of $150 for each. Child support arrears of $38,824 are being paid through automatic $200 monthly deductions. An automobile loan of $23,475 was settled and paid in full for $4,695 in March 2009, and another credit card debt of $778 was paid in October 2008. A $584 credit card debt was included in a consolidation plan. Two smaller debts, a $210 secured loan and a $1,210 credit card, remain unpaid due to the applicant's inability to locate the creditors.
The judge found that the applicant acted responsibly, making good-faith efforts to repay creditors and resolve debts. The financial difficulties were largely attributed to circumstances beyond his control, such as job relocation and increased living expenses. The applicant maintained communication with creditors and established payment plans, leading to the decision to grant the security clearance.
Why the applicant prevailed
- The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts.
- Financial difficulties were largely due to circumstances beyond the applicant's control, including a job relocation and increased living expenses.
- The applicant maintained communication with creditors and established payment plans.
Conditions referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(c)appliedReceiving Counseling or Indications That the Problem Is Being Resolved
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
Key rule quoted
“A security clearance decision is intended only to resolve the question of whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural posture
- SOR issuedMar 19, 2009
- Answer filedApr 10, 2009signed and notarized
- Hearing heldJul 23, 2009
- Decision dateSep 28, 2009
Cite for
- Mitigating Conditions Under Guideline F for Financial Considerations
- Impact of Circumstances Beyond Control on Financial Obligations
- Good-faith Efforts in Addressing Financial Issues