Summary
This case involves a 31-year-old Material Coordinator with a high school diploma and some college education, who was granted a security clearance despite allegations under Guideline F (Financial Considerations). The allegations stemmed from approximately $20,000 in delinquent debts, primarily due to a failed business venture. Specific debts included several paid amounts, such as $264, $100, and $81, and numerous outstanding debts ranging from $141 to $6,360. One debt of $7,289 was resolved with a negotiated settlement of $3,000.
The judge found that the applicant had taken responsible steps to address his financial issues. These steps included hiring a debt management company and filing overdue tax returns. The decision to grant the clearance was based on the applicant's demonstrated good faith effort to repay creditors and resolve debts.
Mitigating factors included the finding that the financial issues were largely due to circumstances beyond the applicant's control, such as the failed business and the housing market collapse. Furthermore, the applicant showed evidence of financial rehabilitation and responsible financial management since regaining employment. Ultimately, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated a good faith effort to repay overdue creditors and resolve debts.
- The financial issues were largely due to circumstances beyond the applicant's control, such as a failed business and the housing market collapse.
- The applicant has shown evidence of financial rehabilitation and responsible financial management since regaining employment.
Conditions Referenced
- 19(a)raisedInability or Unwillingness to Satisfy Debts
- 19(c)raisedA History of Not Meeting Financial Obligations
- 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- 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
- 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 issuedApr 15, 2011
- Answer filedMay 5, 2011
- Hearing heldAug 16, 2011
- Decision dateSep 29, 2011
Cite For
- Financial Rehabilitation Under Guideline F
- Good Faith Efforts to Resolve Debts
- Impact of Circumstances Beyond Control on Financial Issues