Summary
The applicant, a 54-year-old resource analyst with a history of financial difficulties stemming from personal and business setbacks, sought a security clearance under Guideline F. Despite accumulating significant debt due to circumstances beyond her control, she demonstrated a good-faith effort to resolve her financial issues, leading to a favorable decision.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: SOR ¶ 1.a alleges a $7,836 debt owed to a credit card company. Applicant is negotiating a resolution (1.a). SOR ¶ 1.b alleges a $6,317 debt owed to the credit card company listed above. She is negotiating a resolution (1.b). SOR ¶ 1.c alleges a $13,751 debt owed to a credit card company. She negotiated a resolution and began making monthly payments of $375 at the end of February 2009. She anticipates that the debt will be paid by October 2012 (1.c). SOR ¶ 1.d alleges a $20,543 debt owed to a credit card company. She is negotiating a resolution of the debt (1.d). SOR ¶ 1.e alleges a $9,603 debt owed on an automobile repossession. She has been making monthly payments of $200 since September 2008. The account is in good standing (1.e). SOR ¶ 1.f alleges a $1,006 debt owed to a telephone company. She paid the debt in December 2008 (1.f).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant faced significant financial difficulties due to the death of her fiancé and a failed business venture, which were beyond her control; She has made a good-faith effort to repay debts, including negotiating resolutions and making payments on several accounts; The applicant's current employment provides her with the financial means to manage her obligations.
Why the Applicant Prevailed
- The applicant faced significant financial difficulties due to the death of her fiancé and a failed business venture, which were beyond her control.
- She has made a good-faith effort to repay debts, including negotiating resolutions and making payments on several accounts.
- The applicant's current employment provides her with the financial means to manage her obligations.
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(c)appliedReceived Counseling and Indications of Resolution
- AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 10, 2008
- Answer filedNov 7, 2008Applicant elected to proceed without a hearing.
- Hearing held—Decided on the written record.
- Decision dateJul 28, 2009
Cite For
- Mitigation of Financial Difficulties Under Guideline F
- Consideration of Circumstances Beyond Control in Financial Cases
- Good-faith Efforts to Resolve Debts as a Mitigating Factor