Summary
The applicant, a 57-year-old individual with a history of financial difficulties attributed to a second divorce, sought a security clearance under Guideline F. He demonstrated a good-faith effort to address his debts, including making payments on past-due mortgages and resolving other financial obligations. The judge found that the applicant mitigated the security concerns related to his financial situation, leading to a granted decision.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant admits that he was past due on his primary mortgage to Creditor A in the amount of about $1,936; and had a charge off of $19,301, his second mortgage, with Creditor A (1.a). Applicant denies that he is indebted to Creditor B in the past-due amount of about $81 (1.b). Applicant denies that he is indebted to Creditor C in the past-due amount of about $688 (1.c). Applicant denies that he is indebted to Creditor D in the past-due amount of about $299 (1.d). Applicant denies that he is indebted to Creditor E in the past-due amount of about $3,385 (1.e). This alleged past-due debt has already been discussed, above (1.f). Applicant admits he is indebted to the Internal Revenue Service (IRS) for unpaid taxes for tax years 2009~2012 (1.g).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: Applicant made a good-faith effort to address his past-due debts; He is current on his primary mortgage and has reduced his tax debt significantly; The financial difficulties were largely attributed to circumstances beyond his control, specifically a divorce.
Why the Applicant Prevailed
- Applicant made a good-faith effort to address his past-due debts.
- He is current on his primary mortgage and has reduced his tax debt significantly.
- The financial difficulties were largely attributed to circumstances beyond his control, specifically a divorce.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem 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
Key Rule Quoted
“The ultimate determination of whether to grant eligibility for a security clearance must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”
Procedural Posture
- SOR issuedJan 7, 2015
- Answer filedFeb 12, 2015
- Hearing heldMay 29, 2015
- Decision dateOct 2, 2015
Cite For
- Mitigating Conditions Under Guideline F Due to Circumstances Beyond Control
- Good-faith Efforts to Resolve Financial Obligations
- Whole-person Concept in Security Clearance Evaluations