Summary
A 39-year-old radar applications engineer was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons cited a past due utility bill, a delinquent home mortgage, and a delinquent student loan. These issues raised disqualifying conditions AG ¶ 19(a) and AG ¶ 19(c).
However, the applicant demonstrated that these financial problems were largely due to circumstances beyond his control, specifically the deaths of his father and brother. He took significant steps to resolve the debts, including entering a loan rehabilitation program and negotiating a loan modification agreement for his mortgage.
The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), and AG ¶ 20(d), noting the applicant's proactive efforts and the external factors contributing to his financial difficulties. With a stable income and no longer being financially overextended, the applicant's current financial situation was deemed stable, leading to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant took significant steps to resolve his financial problems, including entering a loan rehabilitation program and negotiating a loan modification agreement.
- The financial issues were largely attributed to the deaths of the applicant's father and brother, which were beyond his control.
- The applicant's current financial situation is stable, with a steady income and no longer being financially overextended.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's financial issues were largely due to the deaths of his father and brother.
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant's financial difficulties were exacerbated by family tragedies.
- AG ¶ 20(d)appliedIndividual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant has made efforts to resolve all debts and is complying with new payment schedules.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedNov 3, 2008
- Answer filedJan 2, 2009
- Hearing heldMar 27, 2009
- Decision dateApr 30, 2009
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Good Faith Efforts to Resolve Debts as a Basis for Granting Clearance
- Consideration of the Whole Person Concept in Security Clearance Decisions