Summary
A 36-year-old network administrator and U.S. Army veteran was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons cited two delinquent debts: a charged-off account for a voluntary vehicle repossession totaling $22,463, and a collection account from a cellular company for $936. These issues raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a) and AG ¶ 19(c).
However, the judge applied mitigating conditions under AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), and AG ¶ 20(e). It was determined that the applicant's financial difficulties stemmed primarily from a loss of income due to an employment downturn, circumstances largely beyond his control.
The applicant demonstrated responsible actions by voluntarily surrendering the vehicle and disputing the cellular company debt. Furthermore, he is now current on all ongoing financial obligations and has resolved his outstanding debts. Based on these mitigating factors, the applicant was granted eligibility for a security clearance.
Why the Applicant Prevailed
- The applicant's financial issues were largely due to a loss of income from a downturn in employment.
- He acted responsibly by voluntarily surrendering the vehicle and disputing the other debt.
- The applicant is current on all ongoing financial obligations and has resolved his debts.
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
- AG ¶ 20(e)appliedThe 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’s meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedDec 13, 2014
- Answer filedJan 13, 2015Requested a decision on the record without a hearing.
- Hearing held—No hearing; decision made on the record.
- Decision dateMar 24, 2016
Cite For
- Mitigating Conditions Under Guideline F
- Impact of Financial Circumstances on Security Clearance Eligibility
- Whole-person Concept in Security Clearance Decisions