Summary
A 32-year-old defense contractor and Navy veteran was granted a security clearance despite concerns under Guideline F (Financial Considerations). The Statement of Reasons cited a mortgage default on his former residence after a family relocation, a $428 delinquent cell phone debt, a $296 collection account for unreturned equipment, and a $232 medical collection account. These issues raised Disqualifying Conditions F.19(a) and F.19(c).
However, the judge determined that the applicant's financial difficulties were largely beyond his control. The mortgage default stemmed from undisclosed soil contamination at the property, and he took responsible steps by attempting to sell the property and notifying his lender and the VA. The cell phone debt was identified as his father's, and the medical collection resulted from an insurance billing error. The $296 collection account was for equipment not shown to have been returned.
Mitigating Conditions F.20(a), F.20(b), F.20(c), F.20(d), and F.20(e) were applied. The applicant demonstrated current financial stability, including a monthly surplus and accumulated assets, leading to the decision to grant his security clearance.
Why the Applicant Prevailed
- The applicant's mortgage default was due to circumstances beyond his control, including undisclosed soil contamination.
- He demonstrated responsible actions by attempting to sell the contaminated property and notifying the lender and VA of his situation.
- The applicant provided evidence of financial stability, including a monthly surplus and accumulated financial assets.
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)notedThe 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
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- F.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 issuedMar 4, 2013
- Answer filedApr 6, 2013
- Hearing heldJul 11, 2013Department Counsel participated via video teleconference.
- Decision dateNov 18, 2013
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond the Applicant's Control
- Evidence of Responsible Actions Taken to Resolve Financial Difficulties
- Consideration of the Whole-person Concept in Security Clearance Decisions