Summary
A 38-year-old engineering aide and veteran was granted a security clearance despite concerns under Guideline F (Financial Considerations). The Statement of Reasons (SOR) detailed multiple debts totaling $23,963. These included three charged-off credit card accounts for $1,997, $1,983, and $2,970, respectively, a medical collection account for $421, and two vehicle repossession debts, one for $8,097 and another occurring around the same time.
Disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a) and AG ¶ 19(c) were raised due to these financial issues. However, the applicant demonstrated significant efforts to resolve these concerns. He settled or made good-faith attempts to resolve all alleged debts and sought financial counseling, establishing a budget that showed he was living within his means.
The judge applied mitigating conditions under AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), and AG ¶ 20(e). The applicant's military service and positive character references further supported his reliability and trustworthiness. Ultimately, the judge found that the applicant had mitigated the security concerns, and the clearance was granted.
Why the Applicant Prevailed
- The applicant settled or made good-faith attempts to resolve all debts alleged in the SOR.
- He sought financial counseling and demonstrated a budget reflecting he is living within his means.
- The applicant's military service and positive character references supported his reliability and trustworthiness.
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)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)rejectedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 26, 2009
- Answer filedJul 23, 2009
- Hearing heldSep 22, 2009
- Decision dateApr 19, 2010
Cite For
- Mitigation of Financial Issues Under Guideline F
- Importance of Good-faith Efforts in Resolving Debts
- Consideration of the Whole-person Concept in Security Clearance Decisions