Summary
A 37-year-old network administrator was granted a security clearance despite concerns under Guideline F (Financial Considerations). The applicant's financial issues included a medical account placed for collection in June 2005 for $152, and a utilities account placed for collection in August 2003 for $255. Additionally, state tax liens were filed against him in March 2005 for $1,999 and $268, and another in May 2006 for $3,004. An auto loan debt of approximately $30,000 resulted from an involuntary vehicle repossession in April 2001.
The Administrative Judge found that the applicant's financial difficulties were largely due to circumstances beyond his control, specifically periods of unemployment and a prior bankruptcy. Despite admitting to some delinquent accounts, the applicant demonstrated responsible behavior by seeking credit counseling and making efforts to resolve his debts.
The decision to grant the clearance was based on the applicant's commitment to resolving his financial issues through credit counseling and repayment efforts, and his current stable financial situation with a steady income and manageable expenses.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to circumstances beyond his control, including unemployment and a prior bankruptcy.
- The applicant demonstrated a commitment to resolving his financial issues through credit counseling and repayment efforts.
- The applicant's current financial situation is stable, with a steady income and manageable expenses.
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 That Resulted in the Behavior Were Largely Beyond the Person's Control
- 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(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- 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 issuedOct 7, 2008
- Answer filedDec 5, 2008Constructive admission of three allegations.
- Hearing heldFeb 4, 2009Timely convened.
- Decision dateMar 31, 2009
Cite For
- Mitigating Conditions Under Guideline F Due to Circumstances Beyond Control
- Importance of Demonstrating Financial Responsibility and Stability
- Consideration of the Whole Person Concept in Security Clearance Decisions