Summary
The applicant, a 38-year-old defense contractor and divorced father of three, faced security concerns under Guideline F due to financial difficulties stemming from his wife's actions during their divorce. The judge found that the applicant acted responsibly in addressing his debts and had taken significant steps to stabilize his financial situation, ultimately granting his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant admitted owing this medical debt in the amount of $2,262 (1.a). Applicant submitted documentary evidence confirming that he paid this $54 debt in November 2009 (1.b). Applicant admitted owing this credit card debt in the amount of $16,277 (1.c). Applicant admitted owing this credit card debt in the amount of $8,575 (1.d). Applicant admitted owing this credit card debt in the amount of $15,790 (1.e). Applicant admitted owing this repossessed automobile debt in the amount of $17,070 (1.f).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant's financial difficulties were primarily due to his wife's actions during their divorce, which were largely beyond his control; He has taken significant steps to address his debts, including making payment arrangements and receiving financial counseling; The applicant demonstrated stability in his current financial situation and received positive testimonials regarding his trustworthiness from supervisors.
Why the Applicant Prevailed
- The applicant's financial difficulties were primarily due to his wife's actions during their divorce, which were largely beyond his control.
- He has taken significant steps to address his debts, including making payment arrangements and receiving financial counseling.
- The applicant demonstrated stability in his current financial situation and received positive testimonials regarding his trustworthiness from supervisors.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(c)appliedReceived or Is Receiving Counseling for the Problem
- AG ¶ 20(d)appliedInitiated a Good-faith Effort to Repay Overdue Creditors
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 29, 2009
- Answer filedNov 17, 2009
- Hearing heldMar 17, 2010
- Decision dateDec 8, 2010
Cite For
- Mitigation of Financial Issues Due to Circumstances Beyond the Applicant's Control
- Good-faith Efforts to Resolve Debts Can Mitigate Security Concerns
- Importance of Positive Character References in Security Clearance Decisions