Summary
The applicant, a 38-year-old employee of a Federal Contractor, faced trustworthiness concerns under Guideline F due to past-due debts attributed to family illness and deaths. With the assistance of a Financial Consultant, the applicant resolved her debts through settlements and payments. The Administrative Judge found that the applicant mitigated the financial concerns, granting eligibility for a public trust position.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant admits she was indebted to Creditor A for a past-due debt in the amount of about $6,304. Through the services of her Financial Consultant, this debt was settled for $4,950 and paid, as evidenced by documentation in Applicant’s Response (1.a). Applicant admits she was indebted to Creditor B for a past-due debt in the amount of about $8,519. Through the services of her Financial Consultant, this debt was settled for $5,111 and paid, as evidenced by documentation in Applicant’s Response (1.b). Applicant admits she was indebted to Creditor C for a past-due debt in the amount of about $2,215. Through the services of her Financial Consultant, this debt was settled for $664 and paid, as evidenced by documentation in Applicant’s Response (1.c). Applicant denies she was indebted to Creditor D for a past-due debt in the amount of about $189. Through the services of her Financial Consultant, this debt was paid, as evidenced by documentation in Applicant’s Answer (1.d). Applicant denies she was indebted to Creditor E for two past-due debts totaling about $212. Through the services of her Financial Consultant, these debts were paid, as evidenced by documentation in Applicant’s Answer (1.e).
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 resolved all past-due debts through settlements and payments with the help of a Financial Consultant; The applicant attributed financial difficulties to circumstances beyond her control, such as family illness and deaths; Positive character references from workplace colleagues supported the applicant's trustworthiness.
Why the Applicant Prevailed
- The applicant resolved all past-due debts through settlements and payments with the help of a Financial Consultant.
- The applicant attributed financial difficulties to circumstances beyond her control, such as family illness and deaths.
- Positive character references from workplace colleagues supported the applicant's trustworthiness.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(c)appliedReceived Counseling for the Problem and Indications of Resolution
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
Key Rule Quoted
“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural Posture
- SOR issuedApr 1, 2015
- Answer filedApr 17, 2015
- Hearing held—Applicant represented herself
- Decision dateNov 12, 2015
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Impact of Personal Circumstances on Financial Obligations
- Whole-person Concept in Trustworthiness Determinations