Summary
This DOHA security clearance decision involved a 63-year-old former Army security specialist whose clearance was initially questioned under Guideline F (Financial Considerations). The Statement of Reasons cited several delinquent debts, including $323 and $10,707 owed to a credit union, and another credit union debt of $13,508 in collection. Additionally, the applicant filed for Chapter 7 bankruptcy on April 21, 2009. These issues raised disqualifying conditions under Adjudicative Guidelines ¶ 19(a) and ¶ 19(c).
However, the judge applied mitigating conditions under Adjudicative Guidelines ¶ 20(a) and ¶ 20(b). It was determined that the applicant's financial difficulties stemmed primarily from circumstances beyond his control, specifically a housing market collapse and subsequent job loss. The applicant demonstrated responsible efforts to manage his debts, ultimately resolving his financial issues through bankruptcy.
Crucially, the applicant had a long and honorable service record, having held a security clearance for nearly 40 years. This extensive history of responsible financial behavior and service mitigated the security concerns. Consequently, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant's financial issues were caused by circumstances beyond his control, including a housing market collapse and loss of employment.
- The applicant demonstrated responsible behavior by attempting to manage his debts and ultimately filing for bankruptcy to resolve his financial issues.
- The applicant had a long history of honorable service and held a security clearance for nearly 40 years.
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 Financial Problems Were Largely Beyond the Person’s Control and the Individual Acted Responsibly Under the Circumstances
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 issuedJul 7, 2009
- Answer filedSep 9, 2009
- Hearing heldDec 11, 2009
- Decision dateJan 29, 2010
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Circumstances Beyond the Applicant's Control
- Consideration of Long-term Service and Prior Security Clearance History in Adjudication
- Application of Whole Person Concept in Evaluating Security Clearance Eligibility