Summary
The applicant, a 35-year-old computer programmer with a degree in computer science, faced security concerns under Guideline F due to financial issues stemming from the care of his five children, three of whom have profound disabilities. Despite admitting to multiple delinquent debts, the applicant demonstrated responsible financial management and a commitment to resolving his debts through a debt management plan, leading to a decision to grant his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: a medical debt of $1,264 (1.a). a credit card debt in collection for $680 (1.b). a credit card debt in collection for $956 (1.c). a credit card debt in collection for $4,787 (1.d). a credit card debt in collection for $418 (1.e). another credit card debt in collection for $261 (1.f). a credit card debt in collection for $1,831 (1.g). a credit card debt in collection for $500 (1.h). a debt for an automobile repossession for $306 (1.i). a medical debt in collection for $68 (1.j).
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's financial difficulties were primarily due to circumstances beyond his control, including the needs of his disabled children; The applicant established a debt management plan and made consistent payments towards his debts; The applicant demonstrated a good-faith effort to resolve his financial issues and provided evidence of timely payments.
Why the Applicant Prevailed
- The applicant's financial difficulties were primarily due to circumstances beyond his control, including the needs of his disabled children.
- The applicant established a debt management plan and made consistent payments towards his debts.
- The applicant demonstrated a good-faith effort to resolve his financial issues and provided evidence of timely payments.
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 Problems Were Largely Beyond the Person’s Control
- 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)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJun 11, 2009
- Answer filedJun 30, 2009
- Hearing heldAug 19, 2009
- Decision dateSep 21, 2009
Cite For
- Mitigating Circumstances for Financial Issues Under Guideline F
- Good-faith Efforts in Debt Repayment
- Impact of Personal Circumstances on Financial Management