Summary
The applicant, a 51-year-old referral coordinator for a DOD contractor, faced trustworthiness concerns under Guideline F due to financial issues, including tax liens and a history of bankruptcy. The judge found that the applicant's financial problems were largely beyond her control, stemming from her husband's job loss and her own health issues, and noted her efforts to manage her finances responsibly. Ultimately, the applicant was granted eligibility for a security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Tax lien filed by the Internal Revenue Service (IRS) in December 2009 in the amount of $12,285 (1.a). Tax lien ($3,769) filed by State B in December 2009 (1.b). Tax lien filed in July 2007 for $42,693, released in 2011 (1.c). Debt of $10,618 discharged in bankruptcy (1.e). Debt of $12,575 discharged in bankruptcy (1.f). Tax lien filed by the IRS in November 2013 for the tax year 2011, amounting to $20,253 (1.g). Medical debt of $109 (1.h). Medical debt of $117 (1.i). Student loan debt of $2,479, with garnishment initiated (1.j).
The judge granted the clearance. The government raised disqualifying conditions F.19(a), F.19(c). The judge applied mitigating conditions F.20(b), F.20(c), F.20(d). The decision turned on the following: The applicant demonstrated that her financial issues were largely due to circumstances beyond her control, including her husband's job loss and her own health problems; She provided evidence of a good-faith effort to manage her debts, including participation in a bankruptcy process and establishing a payment plan for her tax debts; The applicant's current financial situation showed improvement, with sufficient income to cover living expenses and contributions from her daughter's fiancé.
Why the Applicant Prevailed
- The applicant demonstrated that her financial issues were largely due to circumstances beyond her control, including her husband's job loss and her own health problems.
- She provided evidence of a good-faith effort to manage her debts, including participation in a bankruptcy process and establishing a payment plan for her tax debts.
- The applicant's current financial situation showed improvement, with sufficient income to cover living expenses and contributions from her daughter's fiancé.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- F.20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- F.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
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
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 issuedAug 25, 2014
- Answer filedSep 5, 2014
- Hearing heldMar 25, 2015
- Decision dateJun 4, 2015Record closed after applicant's last submission.
Cite For
- Mitigating Conditions for Financial Issues Under Guideline F
- Impact of Personal Circumstances on Financial Responsibility
- Whole-person Concept in Security Clearance Evaluations