Summary
The applicant, a 46-year-old aircraft mechanic and U.S. Navy veteran, faced security concerns under Guideline F due to alleged delinquent debts totaling approximately $17,275. The applicant successfully demonstrated that the debts were incurred without his knowledge due to his ex-wife's financial irresponsibility and that he had resolved most of the debts, leading to a decision to grant his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: judgment for $2,280, filed in September 2012 (1.a). individual installment account charged off for $6,940 in January 2011 (1.b). credit card account charged off for $906 in June 2009 (1.c). collection account for $6,429 (1.d). collection account for $582 (1.e). collection account for $138 (1.f).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant resolved all but one of the delinquent debts alleged in the SOR; The debts were incurred without the applicant's knowledge and were largely due to his ex-wife's actions; The applicant demonstrated responsible financial behavior and maintained current payments on his obligations.
Why the Applicant Prevailed
- The applicant resolved all but one of the delinquent debts alleged in the SOR.
- The debts were incurred without the applicant's knowledge and were largely due to his ex-wife's actions.
- The applicant demonstrated responsible financial behavior and maintained current payments on his obligations.
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(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 AG.”
Procedural Posture
- SOR issuedJul 22, 2014
- Answer filedAug 11, 2014Applicant denied all allegations.
- Hearing heldNov 18, 2014
- Decision dateDec 12, 2014
Cite For
- Mitigating Conditions Under Guideline F Due to Financial Issues Caused by an Ex-spouse
- Successful Demonstration of Good-faith Efforts to Resolve Debts
- Consideration of the Whole-person Concept in Security Clearance Determinations