Summary
A 60-year-old defense contractor employee was granted a security clearance despite concerns under Guideline F (Financial Considerations). The Statement of Reasons cited 13 delinquent debts totaling $18,538, including various bank, medical, and telecommunications collection debts ranging from $51 to $7,348. Additionally, a foreclosure from 2009 was noted. These issues raised disqualifying conditions AG ¶ 19(a) and AG ¶ 19(c).
The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d). It was determined that the applicant's financial hardships, including the foreclosure, largely stemmed from circumstances beyond her control, specifically the death of her husband in 2003 and subsequent significant financial and medical difficulties.
The applicant demonstrated responsible behavior by actively addressing her debts, including paying one debt in full and establishing payment plans for others. Her current employment and ongoing efforts to resolve her financial issues indicated that these problems were unlikely to recur. Based on these factors, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant established a track record of debt resolution by paying one debt and entering payment plans for others.
- Her financial difficulties were largely due to circumstances beyond her control, including the death of her husband and serious medical issues.
- The applicant's current employment and efforts to address her debts indicated that her financial problems are unlikely to recur.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions 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
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedMay 20, 2014
- Answer filedJun 15, 2014Applicant waived her right to a hearing.
- Hearing held—
- Decision dateSep 15, 2014
Cite For
- Mitigating Conditions Under Guideline F Due to Circumstances Beyond the Applicant's Control
- Establishing a Track Record of Debt Resolution
- Consideration of the Whole-person Concept in Financial Cases