Summary
The applicant, a 55-year-old program analyst, faced security concerns under Guideline F (Financial Considerations) due to a history of financial difficulties, including failure to file tax returns and delinquent debts. The judge found that the applicant's financial issues were largely beyond her control and that she had taken significant steps to address them, ultimately granting her eligibility for a security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The debt alleged in SOR ¶ 1.b is a joint debt incurred by Applicant and her husband in September 2007 to purchase a recreational vehicle (1.b). The medical bills alleged in SOR ¶ 1.c ($85) were medical copays (1.c). The tuition debt for $4,260, alleged in SOR ¶ 1.d, was incurred in her bachelor’s degree program (1.d). The medical bills alleged in SOR ¶ 1.e ($476) were medical copays (1.e). The medical bills alleged in SOR ¶ 1.f ($107) were medical copays (1.f).
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(b), AG ¶ 20(c). The decision turned on the following: The applicant acted responsibly under circumstances largely beyond her control, including job loss and marital issues; She maintained contact with creditors and sought new employment, demonstrating a proactive approach to her financial situation; The applicant has a plan to resolve her debts and has begun taking steps to implement it.
Why the Applicant Prevailed
- The applicant acted responsibly under circumstances largely beyond her control, including job loss and marital issues.
- She maintained contact with creditors and sought new employment, demonstrating a proactive approach to her financial situation.
- The applicant has a plan to resolve her debts and has begun taking steps to implement it.
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, State, or Local Income Tax Returns as Required
- AG ¶ 20(b)appliedConditions 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
Key Rule Quoted
“A security clearance adjudication is an evaluation of an individual’s judgment, reliability, and trustworthiness. It is not a debt-collection procedure.”
Procedural Posture
- SOR issuedJun 15, 2015
- Answer filedJul 22, 2015
- Hearing heldNov 16, 2015
- Decision dateFeb 3, 2016
Cite For
- Mitigating Conditions Under Guideline F for Financial Difficulties Due to Circumstances Beyond Control
- Evaluation of the Whole-person Concept in Security Clearance Decisions
- Responsible Actions Taken by Applicants to Address Financial Issues