Summary
The applicant, a 34-year-old honorably discharged Air Force veteran and defense contractor, faced security concerns under Guideline F (Financial Considerations) due to past financial difficulties stemming from a contentious divorce and unemployment. The judge found that the applicant had resolved his financial issues and demonstrated responsible behavior, leading to a decision to grant his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant failed to file his Federal tax returns for tax years 2011 and 2012 (1.a). Applicant owes $446 for a past-due credit card debt (1.b). Applicant owes $6,507 for a repossessed automobile (1.c). Applicant owes $2,666 in fines for traffic violations and related fines (1.d). Applicant owes $199 for medical care provided to Applicant and his children (1.e). Applicant owes $200 for medical care provided to Applicant and his children (1.f). Applicant owes $1,000 in fines for traffic violations and related fines (1.g). Applicant owes $466 in fines for traffic violations and related fines (1.h).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(g). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant resolved most of his past-due debts and demonstrated a stable financial situation; The applicant's financial difficulties were largely due to circumstances beyond his control, including divorce and unemployment; The applicant provided credible evidence and testimony from witnesses attesting to his trustworthiness and reliability.
Why the Applicant Prevailed
- The applicant resolved most of his past-due debts and demonstrated a stable financial situation.
- The applicant's financial difficulties were largely due to circumstances beyond his control, including divorce and unemployment.
- The applicant provided credible evidence and testimony from witnesses attesting to his trustworthiness and reliability.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(g)raisedFailure to File Annual Federal Income Tax Returns as Required
- AG ¶ 20(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to Recur
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedClear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 20(d)appliedInitiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)appliedReasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedJan 28, 2015
- Answer filedMar 9, 2015
- Hearing heldOct 21, 2015
- Decision dateMay 27, 2016
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Importance of Credible Witness Testimony in Security Clearance Cases
- Resolution of Financial Obligations as a Factor in Granting Security Clearance