Summary
The applicant, a 50-year-old naturalized U.S. citizen, faced security concerns under Guideline F due to financial difficulties, including a delinquent mortgage and several medical debts. He demonstrated a proactive approach to resolving his financial issues, including completing credit counseling and working multiple jobs. The judge found that the applicant mitigated the government's concerns and granted his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The debt in SOR ¶ 1.a ($1,663) was settled in full in April 2009. Unfortunately, it continues to appear on Applicant’s credit report (1.a). The debts in SOR ¶ 1.b ($1,243) are all medical debts that were paid in December 2013 (1.b). The debts in SOR ¶ 1.c ($223) are all medical debts that were paid in December 2013 (1.c). The debt in SOR ¶ 1.d ($35,847) reflects the delinquent mortgage (1.d). The debts in SOR ¶ 1.e ($898) are all medical debts that were paid in December 2013 (1.e). The debts in SOR ¶ 1.f ($135) are all medical debts that were paid in December 2013 (1.f). The debt in SOR ¶ 1.g ($261) is also a medical debt that was initially investigated for its validity. It is now paid and has been reported to the credit bureau (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(c), AG ¶ 20(d). The decision turned on the following: The applicant actively worked to resolve his financial issues, including attempting to modify his mortgage loan; He has paid all medical debts and has no consumer debt; The applicant's financial difficulties were largely due to circumstances beyond his control, such as unemployment and underemployment.
Why the applicant prevailed
- The applicant actively worked to resolve his financial issues, including attempting to modify his mortgage loan.
- He has paid all medical debts and has no consumer debt.
- The applicant's financial difficulties were largely due to circumstances beyond his control, such as unemployment and underemployment.
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(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
- AG ¶ 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 issuedNov 18, 2013
- Answer filedDec 11, 2013
- Hearing heldOct 15, 2014
- Decision dateNov 3, 2014
Cite for
- Mitigation of Financial Concerns Under Guideline F
- Consideration of Circumstances Beyond an Applicant's Control
- Good-faith Efforts to Resolve Debts