Summary
This case concerns a 38-year-old defense contractor employee whose security clearance was initially questioned under Guideline F (Financial Considerations). The Statement of Reasons cited a delinquent mortgage, which was subsequently resolved through a deed in lieu of foreclosure with the debt waived, and the late filing of her 2010 federal income tax return. Disqualifying conditions under AG ¶ 19(a), AG ¶ 19(c), and AG ¶ 19(g) were raised.
However, the applicant successfully demonstrated mitigating factors, specifically AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), and AG ¶ 20(d). She resolved her mortgage debt prior to the Statement of Reasons being issued and paid her 2010 federal income taxes more than two years before the Statement of Reasons.
The judge determined that the applicant's financial difficulties were largely due to circumstances beyond her control. Her actions demonstrated a commitment to financial responsibility and established a track record of debt resolution. Consequently, her security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant resolved her delinquent mortgage debt before the SOR was issued.
- She paid her 2010 federal income taxes more than two years prior to the SOR.
- The applicant demonstrated a commitment to financial responsibility and established a track record of debt payment.
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(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
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines.”
Procedural Posture
- SOR issuedAug 15, 2015
- Answer filedSep 3, 2015
- Hearing heldMar 31, 2016
- Decision dateJun 28, 2016
Cite For
- Mitigating Conditions Under Guideline F for Financial Issues
- Resolution of Delinquent Debts Prior to SOR Issuance
- Impact of Personal Circumstances on Financial Responsibility Evaluations