Summary
A 50-year-old unemployed computer technician and disabled veteran was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons cited three specific financial allegations: $8,059 in child support arrears, which was satisfied by March 8, 2012; a 2006 judgment for $9,527.67 related to a marital credit card debt; and a 2005 judgment for $12,466.03, also from a marital credit card debt. These issues raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a) and AG ¶ 19(c).
However, the applicant demonstrated substantial mitigating efforts. He successfully reduced his child support arrears from an initial amount of approximately $48,000 to zero. Furthermore, he actively engaged with creditors, communicating and offering reasonable settlement proposals for his remaining debts.
The judge determined that the applicant's financial difficulties were largely due to circumstances beyond his control, specifically unemployment and a divorce settlement that his ex-wife did not honor. Given these factors and the applicant's responsible actions, mitigating conditions AG ¶ 20(b), AG ¶ 20(d), and AG ¶ 20(c) were applied, leading to the granting of the security clearance.
Why the Applicant Prevailed
- The applicant successfully reduced his child support arrears from approximately $48,000 to zero.
- He demonstrated a commitment to resolving his remaining debts by actively communicating with creditors and offering reasonable settlement proposals.
- The applicant's financial difficulties were largely due to circumstances beyond his control, including unemployment and a divorce settlement that was not honored by his ex-wife.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Behavior 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
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the ProblemThe applicant has not received financial counseling.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 21, 2011
- Answer filedDec 15, 2011
- Hearing heldJun 6, 2012via video teleconference
- Decision dateJul 16, 2012
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Impact of Personal Circumstances on Financial Obligations
- Good-faith Efforts to Resolve Debts in Security Clearance Cases