Summary
This DOHA case involved a 45-year-old computer administrator seeking to retain his security clearance under Guideline F (Financial Considerations). The Statement of Reasons (SOR) alleged several financial difficulties totaling approximately $46,000. These included a $4,315 judgment for a divorce attorney, a $2,710 state tax lien, and two credit card collection accounts for $753 and $597. Additionally, the SOR cited a $517 telephone company collection account, $25,467 in child support arrearages, and $12,040 in past-due student loans.
Disqualifying conditions under Guideline F were raised, specifically regarding a history of not meeting financial obligations and an inability or unwillingness to satisfy debts. However, the judge applied several mitigating conditions.
The applicant successfully demonstrated that he had resolved all debts listed in the SOR. He also provided evidence of a budget showing he was living within his means. The judge found that the applicant's financial issues were largely due to circumstances beyond his control, such as his divorce and a period of unemployment. Based on the resolution of all debts and demonstrated financial responsibility, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant resolved all debts listed in the SOR, demonstrating financial responsibility.
- He provided evidence of a budget reflecting he is living within his means.
- The applicant's financial issues were largely attributed to circumstances beyond his control, such as divorce and unemployment.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- 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(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“The ultimate determination of whether to grant eligibility for a security clearance must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”
Procedural Posture
- SOR issuedMar 24, 2009
- Answer filedJun 29, 2009
- Hearing heldOct 23, 2009
- Decision dateNot specified
Cite For
- Mitigation of Financial Issues Under Guideline F
- Consideration of Circumstances Beyond Control in Financial Cases
- Whole-person Analysis in Security Clearance Decisions