Summary
A 47-year-old electronics technician and retired Marine Corps gunnery sergeant was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons detailed multiple outstanding debts, including $140 for cable service, $2,901 for a car loan, $547 for television service, $1,377 past due on a loan, $822 in collection on a loan, $109 for city tax, $346 in collection on an unknown account, $240 in collection for a loan, and $165 for insurance. Additionally, $951 was charged-off for a home telephone account and $11,122 charged-off for a car loan.
Disqualifying conditions under Adjudicative Guideline (AG) ¶ 19(a) and AG ¶ 19(c) were raised. However, the judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), and AG ¶ 20(e).
The clearance was granted because the applicant demonstrated a good-faith effort to resolve his financial issues, successfully paying off several debts and disputing others. His financial problems were largely attributed to circumstances beyond his control, specifically his wife's criminal conduct and drug addiction, as well as medical expenses. The applicant's current financial situation indicated sufficient income to meet his obligations, and he had taken responsible steps to manage his debts.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve his financial issues, including paying off several debts and disputing others successfully.
- The applicant's financial problems were largely due to circumstances beyond his control, specifically his wife's criminal conduct and drug addiction.
- The applicant's current financial situation shows he has sufficient income to meet his obligations and has taken steps to manage his debts responsibly.
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
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 22, 2012
- Answer filedJun 19, 2012
- Hearing heldAug 15, 2012
- Decision dateOct 16, 2012
Cite For
- Good-faith Efforts to Resolve Financial Issues Under Guideline F
- Mitigating Circumstances Related to Financial Difficulties
- Whole-person Analysis in Security Clearance Determinations