Summary
The applicant, a 34-year-old defense contractor employee, sought to retain eligibility for a public trust position under Guideline F due to financial considerations. He admitted to multiple delinquent debts totaling approximately $31,072, primarily stemming from periods of unemployment and fiscal irresponsibility. However, he demonstrated significant efforts to resolve these debts, including entering repayment plans and making consistent payments, leading to a decision to grant his eligibility.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: This is a cable television account with an outstanding and past-due balance of $361 that was placed for collection in 2011 (1.a). These are six student loan accounts with the U.S. Department of Education that went into a default status and were placed for collection. As of May 2014, the outstanding balances for the student loans were as follows: $5,618 (1.b). These are six student loan accounts with the U.S. Department of Education that went into a default status and were placed for collection. As of May 2014, the outstanding balances for the student loans were as follows: $3,339 (1.c). These are six student loan accounts with the U.S. Department of Education that went into a default status and were placed for collection. As of May 2014, the outstanding balances for the student loans were as follows: $4,449 (1.d). These are six student loan accounts with the U.S. Department of Education that went into a default status and were placed for collection. As of May 2014, the outstanding balances for the student loans were as follows: $6,768 (1.e). These are six student loan accounts with the U.S. Department of Education that went into a default status and were placed for collection. As of May 2014, the outstanding balances for the student loans were as follows: $3,520 (1.f). These are six student loan accounts with the U.S. Department of Education that went into a default status and were placed for collection. As of May 2014, the outstanding balances for the student loans were as follows: $3,483 (1.g). This is a loan from the university in the approximate amount of $1,000 that was to be used for living expenses in 2002 while Applicant attended the university. By March 2014, the outstanding balance had increased to $3,533.50 (1.h).
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(c), AG ¶ 20(d). The decision turned on the following: The applicant demonstrated a commitment to resolving his financial issues by entering into repayment plans and making consistent payments; He has resolved one of the delinquent accounts and is actively working on the others, showing clear indications that his financial problems are under control; The applicant's actions do not cast doubt on his current reliability, trustworthiness, or good judgment.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to resolving his financial issues by entering into repayment plans and making consistent payments.
- He has resolved one of the delinquent accounts and is actively working on the others, showing clear indications that his financial problems are under control.
- The applicant's actions do not cast doubt on his current reliability, trustworthiness, or good judgment.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to Recur
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(c)appliedReceived or Is Receiving Counseling for the Problem
- 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 issuedDec 5, 2014
- Answer filedDec 22, 2014Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateAug 21, 2015
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Demonstrating a Good-faith Effort to Resolve Debts
- The Importance of a Meaningful Track Record in Financial Cases