Summary
The applicant, a 55-year-old grinder for a defense contractor, faced security concerns under Guideline F due to significant financial delinquencies totaling approximately $21,436.17. After being laid off in December 2008, he began repaying his debts in August 2009 and successfully settled or paid off all outstanding balances by June 2010. The judge granted the security clearance, finding that the applicant's financial issues were primarily due to circumstances beyond his control and that he had made a good-faith effort to resolve his debts.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: $3,897 to a former landlord (1.a). $2,545 in medical debt in collection (1.b). $13,527 for a repossessed vehicle (1.c). $579 medical debt in collection (1.d). $173 medical debt in collection (1.e). $774 medical debt in collection (1.f). $237 medical debt in collection (1.g). $137 cable television debt in collection (1.h). $207 medical debt in collection (1.i). $251 medical debt in collection (1.k). $1,602 consumer credit debt past due 120 days or more (1.l). $136 insurance debt in collection (1.m). $391 telephone debt in collection (1.n).
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(d). The decision turned on the following: The applicant began repaying debts in August 2009 and settled all outstanding balances by June 2010; The financial issues were primarily due to seasonal employment and a layoff, which were beyond the applicant's control; The applicant demonstrated a good-faith effort to resolve his financial obligations.
Why the Applicant Prevailed
- The applicant began repaying debts in August 2009 and settled all outstanding balances by June 2010.
- The financial issues were primarily due to seasonal employment and a layoff, which were beyond the applicant's control.
- The applicant demonstrated a good-faith effort to resolve his financial obligations.
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 That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 26, 2010
- Answer filedApr 12, 2010Applicant admitted some allegations and denied others.
- Hearing heldJun 9, 2010
- Decision dateFeb 28, 2011
Cite For
- Mitigating Conditions Under Guideline F Related to Financial Issues Caused by Circumstances Beyond Control
- Good-faith Efforts to Resolve Financial Obligations
- Consideration of Seasonal Employment Impact on Financial Stability