Summary
The applicant, a 47-year-old college graduate and president of a software engineering company, faced security clearance concerns under Guideline F due to financial issues. The applicant admitted to several debts but demonstrated a significant effort to resolve them, including settlements and payments made after receiving funds from a workman's compensation claim. The judge granted the security clearance, finding that the applicant's financial problems were unlikely to recur and that she acted responsibly under the circumstances.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: a debt in collection for a bank credit card for $16,813 (1.a). medical debts of $143 (1.b). medical debts of $929 (1.c). medical debts of $160 (1.d). medical debts of $228 (1.e). medical debts of $4,993 (1.f). medical debts of $53 (1.g). a department store charged off account for $3,533 (1.h). a credit card charged off account for $4,442 (1.j). a charged off account for $8,423 (1.k). a charged off account for a car lease for $968 (1.l). a credit card charged off account for $19,285 (1.m).
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(d). The decision turned on the following: The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts; The applicant's financial issues were largely due to circumstances beyond her control, including her husband's career transition and economic downturns; The applicant established a meaningful track record of debt payment and resolution.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts.
- The applicant's financial issues were largely due to circumstances beyond her control, including her husband's career transition and economic downturns.
- The applicant established a meaningful track record of debt payment and resolution.
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(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the 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 issuedJun 23, 2010
- Answer filedAug 23, 2010
- Hearing heldJan 27, 2011
- Decision dateApr 28, 2011
Cite For
- Good-faith Effort to Resolve Financial Obligations Under Guideline F
- Mitigating Conditions Applicable to Financial Issues
- Whole-person Analysis in Security Clearance Determinations