Summary
The applicant, a 46-year-old network systems engineer, faced security concerns under Guideline E (personal conduct) and Guideline F (financial considerations) due to nine delinquent debts totaling $24,808. The applicant demonstrated responsible behavior by paying three debts and establishing a payment plan for the remaining debts, which were largely attributed to unexpected medical expenses and periods of unemployment. The judge granted the security clearance, finding that the applicant's financial issues were mitigated by his proactive efforts to resolve them.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant did not provide accurate and complete financial information on his security clearance application; however, when he submitted it, he disclosed the financial information was incomplete and he disclosed unrelated derogatory information on his SF 86 (2.a). Applicant owed a landlord $273 for unpaid rent. On May 8, 2013, he paid the debt (1.a). Applicant owed $4,980 on a credit card debt from his previous marriage; and he was making $67 monthly payments (1.b). Applicant had medical debts for $50. On May 6, 2013, he paid the debt (1.c). Applicant had medical debts for $133. On May 6, 2013, he paid the debt (1.d). Applicant owed $1,582 on a credit card debt; and he said he was making $60 monthly payments (1.e). Applicant admitted the debt for $1,000. He was unaware of the basis for the collection debt (1.f). Applicant owed $5,730 on a credit card debt; and for the last month he had been communicating with the creditor about starting a $50 monthly payment plan (1.g). The SOR indicates the amount of the collection debt is $9,229. On September 29, 2011, the creditor obtained a judgment for $8,672. He currently owes the creditor $6,722; the creditor is garnishing 25% of his pay (1.h). He owes the creditor $1,813, and he said he could not afford to make any payments (1.i).
The judge granted the clearance. The government raised disqualifying conditions F.19(a), F.19(c). The judge applied mitigating conditions F.20(a), F.20(b), F.20(c), F.20(d). The decision turned on the following: The applicant paid over $4,000 towards his debts in the past 12 months; He established a payment plan for remaining debts and demonstrated responsible financial behavior; The financial issues were largely due to circumstances beyond his control, such as unexpected medical expenses and unemployment.
Why the applicant prevailed
- The applicant paid over $4,000 towards his debts in the past 12 months.
- He established a payment plan for remaining debts and demonstrated responsible financial behavior.
- The financial issues were largely due to circumstances beyond his control, such as unexpected medical expenses and unemployment.
Conditions referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- F.20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedDec 27, 2012
- Answer filedJan 17, 2013
- Hearing heldApr 25, 2013via video teleconference
- Decision dateJun 14, 2013
Cite for
- Mitigating Conditions for Financial Considerations Under AG ¶ 20
- Impact of Personal Circumstances on Financial Obligations
- Responsible Behavior in Addressing Delinquent Debts