Summary
The applicant, a 54-year-old military analyst with a history of financial difficulties following a divorce, owed approximately $28,000 in past due debts. He demonstrated responsible financial behavior by paying off some debts and making consistent payments on others. The judge found that the applicant mitigated the government's security concerns under Guideline F, resulting in a granted security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant owed a telephone service provider $385 (1.a). $5,822 credit card debt (1.b). $6,948 credit card debt (1.c). $8,597 credit card debt (1.d). approximately $6,666 for past due federal income tax for tax year 2006 (1.e).
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 good faith effort to repay overdue creditors and resolve debts; He received financial counseling and showed a clear understanding of budgeting and payment plans; The circumstances leading to his financial issues were largely beyond his control, specifically his divorce.
Why the Applicant Prevailed
- The applicant demonstrated a good faith effort to repay overdue creditors and resolve debts.
- He received financial counseling and showed a clear understanding of budgeting and payment plans.
- The circumstances leading to his financial issues were largely beyond his control, specifically his divorce.
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 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
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 filedJul 14, 2009
- Hearing heldSep 23, 2009
- Decision dateFeb 26, 2010
Cite For
- Mitigation of Financial Issues Under Guideline F
- Good Faith Efforts in Debt Repayment
- Impact of Personal Circumstances on Financial Responsibility