Summary
The applicant, a 37-year-old defense contractor, sought a security clearance under Guideline F due to financial considerations stemming from debts primarily incurred by his estranged wife. The judge found that the applicant had made significant efforts to resolve his debts and that the circumstances leading to his financial issues were largely beyond his control, ultimately granting the security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: $3,418 collection account for property management company (1.a). $1,468 collection account for cable television (1.b). $1,458 collection account for cable television (1.c). $244 collection account for cell phone (1.d). $121 collection account for local municipality (1.e). $272 collection account for utility bill (1.f). $830 charged-off credit card bill (1.g). $2,990 charged-off credit card bill (1.h).
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), AG ¶ 20(a). The decision turned on the following: The applicant demonstrated a commitment to resolving his debts, with many being paid or in the process of resolution; The financial issues were largely due to his wife's medical condition, which was beyond the applicant's control; The applicant is current on his day-to-day expenses and has established a plan for debt repayment.
Why the applicant prevailed
- The applicant demonstrated a commitment to resolving his debts, with many being paid or in the process of resolution.
- The financial issues were largely due to his wife's medical condition, which was beyond the applicant's control.
- The applicant is current on his day-to-day expenses and has established a plan for debt repayment.
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
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedMay 2, 2015
- Answer filedJun 2, 2015Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateMar 31, 2016
Cite for
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond the Applicant's Control
- Good-faith Efforts to Resolve Debts as a Basis for Granting Security Clearance
- Consideration of the Whole-person Concept in Financial Cases