Summary
The applicant, a 46-year-old logistics specialist with a defense contractor, faced security concerns under Guideline F due to financial issues stemming from the loss of employment and his wife's terminal illness. The judge found that the applicant took responsible steps to address his debts and that the financial difficulties were largely beyond his control, ultimately granting him eligibility for a security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: two state tax liens from 2007 for $1,160 (1.a). two state tax liens from 2007 for $19,227 (1.b). a federal tax lien for 2005 for $77,201 (1.c). a federal tax lien for 2004 for $11,444 (1.d). a judgment in 2006 for $13,167 (1.e). a judgment in 1997 for $3,294 (1.f). a charged-off account for $551 (1.g). accounts in collection for $618 (1.h). accounts in collection for $123 (1.i). accounts in collection for $148 (1.j). medical accounts for $164 (1.k). medical accounts for $69 (1.l). accounts in collection for $995 (1.m). accounts in collection for $435 (1.n). accounts in collection for $751 (1.o).
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 resolve his financial issues by hiring experts and making payments on debts; The financial difficulties were largely due to circumstances beyond the applicant's control, including job loss and his wife's illness; The applicant established a meaningful track record of debt repayment and was candid about his financial situation.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve his financial issues by hiring experts and making payments on debts.
- The financial difficulties were largely due to circumstances beyond the applicant's control, including job loss and his wife's illness.
- The applicant established a meaningful track record of debt repayment and was candid about his financial situation.
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 Problems Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 1, 2010
- Answer filedDec 2, 2010
- Hearing heldMar 9, 2011Applicant waived the 15 days notice requirement.
- Decision dateMar 31, 2011
Cite For
- Mitigating Conditions for Financial Considerations Under Guideline F
- Impact of Personal Circumstances on Financial Responsibility
- Good-faith Efforts in Debt Resolution