Summary
A 42-year-old prospective defense contractor employee was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The applicant's financial history included a Chapter 7 bankruptcy, two judgments for $4,962 and $403, and unpaid federal income taxes for 2006, 2007, 2008, and 2010, resulting in federal tax liens of $10,593 and $1,810. Additionally, she had multiple collection accounts, including two student loans totaling $4,716, and other accounts for approximately $15,000, $1,495, $982, $2,240, and $178.
The applicant successfully mitigated these concerns by demonstrating that her financial difficulties stemmed from circumstances largely beyond her control. These included her ex-husband's unemployment, the murder of her son, and her own medical issues.
The judge found that the applicant had not incurred new delinquent debts since April 2013 and showed a credible intention to repay her outstanding obligations once employed. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant's financial problems were largely due to circumstances beyond her control, including her ex-husband's unemployment and her son's murder.
- The applicant demonstrated a credible intention to repay her debts once employed.
- The applicant has not incurred new delinquent debts since April 2013.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- 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(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the Problem
- AG ¶ 20(e)notedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedFeb 9, 2015
- Answer filedApr 27, 2015
- Hearing heldJul 21, 2015Applicant waived the 15-day notice requirement.
- Decision dateNov 24, 2015
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Consideration of Whole-person Factors in Security Clearance Decisions
- Demonstration of Good-faith Efforts to Resolve Debts as a Mitigating Factor