Summary
A 61-year-old company owner and retired military veteran was granted reinstatement of his security clearance under Guideline F (Financial Considerations). The Statement of Reasons alleged seven delinquent accounts totaling over $115,000, raising Disqualifying Conditions F.19(a) and F.19(c).
The judge found that the applicant had made substantial progress in addressing his debts, including the sale of a property to his son. The financial difficulties were largely attributed to circumstances beyond his control, such as unemployment and business challenges during an economic recession.
Mitigating Conditions F.20(a), F.20(b), F.20(c), and F.20(d) were applied. The applicant's strong professional background and character references further supported his reliability and trustworthiness, leading to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant demonstrated substantial progress in addressing his financial issues, including the sale of a property to his son.
- The financial difficulties were largely due to circumstances beyond the applicant's control, such as unemployment and the economic recession.
- The applicant's professional background and character references supported his reliability and trustworthiness.
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 and the Individual Acted Responsibly Under the Circumstances
- F.20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem and 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
Key Rule Quoted
“The Government must prove, by substantial evidence, controverted facts alleged in the SOR. If it does, the burden shifts to applicant to refute, extenuate, or mitigate the Government’s case.”
Procedural Posture
- SOR issuedMay 4, 2015
- Answer filed—
- Hearing heldAug 20, 2015
- Decision dateDec 31, 2015
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond the Applicant's Control
- Importance of Substantial Progress in Resolving Financial Difficulties
- Consideration of Professional Background and Character References in Security Clearance Decisions