Summary
A 34-year-old facilities manager and single mother was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The applicant's financial issues, which included approximately $21,000 in delinquent credit card debt accumulated between 2005 and 2008, were primarily attributed to job loss and medical issues. These circumstances led her to file for bankruptcy.
The Statement of Reasons specifically cited the $21,000 in overdue credit card balances. Disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a) and AG ¶ 19(c) were raised. However, the judge applied mitigating conditions under AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d).
The clearance was granted because the applicant demonstrated a commitment to living within her means, successfully completed bankruptcy to discharge her debts, and received financial counseling. Her current steady employment and responsible management of funds further supported her reliability, leading to the favorable outcome.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to living within her means after experiencing financial difficulties.
- She successfully completed a bankruptcy process that discharged her debts and received financial counseling.
- The applicant's current employment and responsible management of funds supported her reliability.
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 and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person’s Control and the Individual Acted Responsibly Under the Circumstances
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 20(d)rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe Appeal Board does not acknowledge bankruptcy as a good-faith approach toward resolving debts.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 10, 2009
- Answer filedAug 10, 2009
- Hearing heldNov 19, 2009Hearing was convened as scheduled.
- Decision dateJan 29, 2010
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Impact of Personal Circumstances on Financial Obligations
- Importance of Financial Counseling in Security Clearance Cases