Summary
The applicant, a 54-year-old electronics technician for a DOD contractor, faced security concerns under Guideline F due to financial difficulties stemming from a job-related injury, divorce, and economic downturn. The judge found that the applicant had taken significant steps to resolve his debts and acted responsibly under the circumstances, ultimately granting his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant paid the debt listed in SOR allegation 1.a ($451) (1.a). Applicant paid the debt listed in SOR allegation 1.b ($105) (1.b). Applicant paid the debt listed in SOR allegation 1.c ($106) (1.c). Applicant has not indicated that he completed the forms to submit a claim or that he received any payment from the settlement related to the mortgage issue (1.d). Applicant paid the debt listed in SOR allegation 1.e ($381) (1.e). The debt in SOR allegation 1.f ($2,993) was sold or transferred to another creditor, and the account is closed with the original creditor. Applicant provided proof that he paid this debt with his response to the SOR (1.f). Applicant filed his 2012 federal tax return on September 30, 2013, after receiving the necessary information from the IRS about the additional taxes owed for the tax year 2011 (1.g).
The judge granted the clearance. The government raised disqualifying conditions F.1.a, F.1.c, F.1.g. The judge applied mitigating conditions F.2.b, F.2.c, F.2.d. The decision turned on the following: The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts; Financial problems were largely beyond the applicant's control, including job loss and divorce; The applicant has not incurred new unpaid debts since early 2010 and has taken control of his finances.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts.
- Financial problems were largely beyond the applicant's control, including job loss and divorce.
- The applicant has not incurred new unpaid debts since early 2010 and has taken control of his finances.
Conditions Referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- F.1.graisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- F.2.bappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- F.2.cappliedThe 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.2.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The evidence in support of granting a security clearance to Applicant under the whole-person concept is more substantial than the evidence in support of denial.”
Procedural Posture
- SOR issuedApr 18, 2014
- Answer filedMay 16, 2014Undated, notarized response received by DOD.
- Hearing held—Decision made based on written record.
- Decision dateJan 14, 2015
Cite For
- Mitigation of Financial Issues Under Guideline F
- Consideration of Circumstances Beyond Control in Financial Cases
- Whole-person Concept in Security Clearance Evaluations