Summary
The applicant, a 42-year-old defense contractor employee and Army veteran, faced security concerns under Guideline F due to 28 delinquent debts, primarily medical. He successfully brought his first mortgage current and paid off a judgment, demonstrating a commitment to resolving his financial issues. The judge found that the applicant's financial problems stemmed from circumstances beyond his control and that he had established a meaningful track record of debt repayment, leading to the granting of his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: SOR ¶ 1.a for $214,974 is for a first mortgage, which was alleged on the SOR to be delinquent in the amount of $5,587 (1.a). SOR ¶ 1.b for $68,164 is for Applicant’s second mortgage, which has been delinquent for about two years (1.b). SOR ¶ 1.c alleges 22 delinquent medical debts totaling $5,182 (1.c). The judgment in SOR ¶ 1.t for $2,308 is related to a purchase at a store. The creditor settled the debt for $1,850 (1.t). The debt in SOR ¶ 1.u for $1,513 resulted from Applicant’s vehicle being in an accident (1.u). He made a separate $53 payment to resolve the debt in SOR ¶ 1.bb (1.bb).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant brought his first mortgage current using funds from his 401(k) and paid off a judgment; He has made significant payments towards his medical debts and is in a payment plan for them; The applicant demonstrated a commitment to resolving his debts and communicated with creditors.
Why the Applicant Prevailed
- The applicant brought his first mortgage current using funds from his 401(k) and paid off a judgment.
- He has made significant payments towards his medical debts and is in a payment plan for them.
- The applicant demonstrated a commitment to resolving his debts and communicated with creditors.
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(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 issuedSep 22, 2015
- Answer filedSep 30, 2015
- Hearing heldFeb 24, 2016Applicant waived his right to 15 days of notice.
- Decision dateApr 14, 2016
Cite For
- Mitigating Conditions Under Financial Considerations
- Good Faith Efforts to Resolve Debts
- Whole-person Concept in Security Clearance Evaluations