Summary
The applicant, a 57-year-old married woman employed by a defense contractor, sought to retain her security clearance under Guideline F due to financial considerations. The judge found that the applicant's past financial difficulties were primarily linked to her divorce and that she had made significant efforts to stabilize her financial situation, leading to a decision to grant her security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant admits that she is indebted to credit card company A (Company A) in the amount of $604 for account number 3906. She has not contacted this creditor in the recent past. Applicant has not paid this debt, but intends to pay it when she is financially able to do so. As further set forth below, this is the same debt as ¶ 1.d (1.a). Applicant admits that she is indebted to Company A in the amount of $517 for a second credit card with account number 5152. She has not contacted this creditor in the recent past. Applicant has not paid this debt, but intends to pay it when she is financially able to do so. As further set forth below, this is the same debt as ¶ 1.f (1.b). Applicant denied that she owed this medical debt in the amount of $4,885 for account number 0547. The available records show that this debt is actually a duplicate of ¶¶ 1.h. and 1.i. Further discussion will be found under ¶ 1.h., below. This allegation is found for Applicant because it is a duplicate (1.c). Applicant denied that she is indebted to collection agency B (Agency B) in the amount of $1,183 for account number 3018. Available records, particularly Applicant’s Exhibit D, show that this is the same debt as that set forth in ¶ 1.a., above. This allegation is found for Applicant because it is a duplicate (1.d). Applicant denied that she is indebted to Agency B in the amount of $2,371 for account number 2995. Available records show that this is the same debt as Company A account number 1553. That Company A account is not alleged separately in the SOR. I find that this is Applicant’s debt, and that she has made no recent payments on this debt (1.e). Applicant admitted that she is indebted to Agency B in the amount of $1,068 for the second account number 3018. Available records show that this is the same debt as Company A account number 5152 (¶ 1.b., above.) This allegation is found for the Applicant because it is a duplicate debt (1.f). Applicant admits that she is indebted to collection agency C (Agency C) in the amount of $1,689 for a delinquent debt. Applicant testified that she intends to pay this debt as soon as she has the money, but that she has made no recent payments on this debt (1.g). Applicant denied that she is indebted to collection agency D (Agency D) in the amount of $5,953 for account number 0547. As stated above, this is the same debt as that set forth in ¶¶ 1.c. and 1.i. Based on the available evidence, I find that this is Applicant’s debt, and that she has made no recent payments on this debt (1.h). Applicant admits that she was indebted to collection agency E (Agency E) for a delinquent debt in the amount of $4,551 for account number 0547. The records show that this particular account is a duplicate of ¶¶ 1.c, and 1.f. This allegation is found for Applicant because it is a duplicate (1.i).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant demonstrated a credible intent to pay off her debts as her financial situation allows; The financial difficulties arose many years ago and were linked to circumstances beyond her control, such as divorce; The applicant has shown permanent behavioral changes and is not accruing new debt.
Why the Applicant Prevailed
- The applicant demonstrated a credible intent to pay off her debts as her financial situation allows.
- The financial difficulties arose many years ago and were linked to circumstances beyond her control, such as divorce.
- The applicant has shown permanent behavioral changes and is not accruing new debt.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened Long Ago or Infrequently
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(c)appliedProblem Is Being Resolved or Is Under Control
- AG ¶ 20(d)appliedDebts Are Not as High as Alleged
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 3, 2009
- Answer filedApr 28, 2009
- Hearing heldJul 2, 2009
- Decision dateJan 11, 2010
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Past Circumstances
- Consideration of the Whole-person Concept in Security Clearance Decisions
- The Impact of Personal Circumstances on Financial Behavior and Judgment