Summary
The applicant, a 42-year-old engineer technician with a history of military service, faced security concerns under Guideline F due to financial difficulties, including a Chapter 13 bankruptcy and multiple delinquent debts. The judge found that the applicant had taken significant steps to address her financial issues, including obtaining financial counseling and negotiating better mortgage terms, leading to a decision to grant her security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Homeowners’ Association $76 (1.a). Homeowners’ Association $466 (1.b). Department Store $654 (1.c). Homeowners’ Association $272 (1.d). Student loan $1,000 (1.e). Student loan $4,609 (1.f). Medical $75 (1.g). College tuition $517 (1.h). Telephone $350 (1.i). College tuition $525 (1.j). Electric bill $368 (1.k). Cable bill $136 (1.l). Bankruptcy filed in September 2006 (1.m). Negative cash flow of $51.38 (1.n).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(e). The judge applied mitigating conditions AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant demonstrated a commitment to resolving her financial issues through counseling and debt management; She provided evidence of a stable income and a plan to address her debts, including payments on delinquent accounts; The applicant's long history of military and civilian service, along with positive character references, supported her case.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to resolving her financial issues through counseling and debt management.
- She provided evidence of a stable income and a plan to address her debts, including payments on delinquent accounts.
- The applicant's long history of military and civilian service, along with positive character references, supported her case.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(e)raisedConsistent Spending Beyond One's Means
- AG ¶ 20(c)appliedReceived Financial Counseling
- AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
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 issuedDec 23, 2008
- Answer filedFeb 3, 2009Requested a decision on the record without a hearing.
- Hearing heldMay 20, 2009
- Decision dateJul 31, 2009
Cite For
- Mitigation of Financial Issues Under Guideline F
- Importance of Financial Counseling in Security Clearance Cases
- Consideration of the Whole Person Concept in Adjudication Decisions