Summary
The applicant, a 39-year-old software engineer with a master's degree, faced security concerns under Guideline F due to financial difficulties, including approximately $95,000 in delinquent debt. He demonstrated a proactive approach to resolving his debts through a debt resolution program and has successfully settled three of four debts. The judge found that the applicant's actions indicated a commitment to financial responsibility, leading to a decision to grant his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: SOR ¶ 1.a alleges a $35 medical debt. He paid the debt in January 2009 (1.a). SOR ¶ 1.b alleges a $25,030 debt owed to a credit card company. The debt resolution company has been negotiating a resolution of the debt. He anticipates paying it in 12 to 14 months after he has deposited sufficient money into the debt resolution fund. He believes he will be able to settle it for about $12-14,000 (1.b). SOR ¶ 1.c alleges a $52,396 debt owed to a credit card company. The debt resolution company settled the debt for $21,000. It was paid in May 2009 with monies that had accumulated in the debt fund (1.c). SOR ¶ 1.d alleges a $4,842 judgment that he paid with the assistance of the debt resolution company which negotiated a $3,000 settlement (1.d).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant actively engaged in a debt resolution program and has resolved three of four debts; He demonstrated a credible understanding of his financial situation and took responsibility for past overspending; The applicant's financial issues were being addressed in a structured manner, indicating a commitment to financial solvency.
Why the Applicant Prevailed
- The applicant actively engaged in a debt resolution program and has resolved three of four debts.
- He demonstrated a credible understanding of his financial situation and took responsibility for past overspending.
- The applicant's financial issues were being addressed in a structured manner, indicating a commitment to financial solvency.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(c)appliedReceiving Counseling and Indications That the Problem Is Being Resolved
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 5, 2009
- Answer filedFeb 13, 2009
- Hearing heldJun 11, 2009
- Decision dateJul 22, 2009
Cite For
- Mitigation of Financial Issues Under Guideline F
- Good-faith Efforts in Debt Resolution
- Consideration of the Whole Person Concept in Security Clearance Decisions