Summary
This case concerns a 53-year-old security guard with a history of holding a security clearance, whose eligibility was reviewed under Guideline F (Financial Considerations). The Statement of Reasons cited one old, charged-off joint credit card debt. This debt was incurred by his ex-wife after their separation and was assigned to her in their March 2009 divorce decree.
Disqualifying conditions under Guideline F were raised, specifically AG ¶ 19(a) and AG ¶ 19(c). However, the judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), and AG ¶ 20(c). It was determined that the applicant was not responsible for the debt, as it had been legally assigned to his ex-wife. Furthermore, the creditor had no record of the applicant owing this debt and had not pursued collection from him.
The judge concluded that the applicant's financial situation was otherwise under control, with no other delinquencies. The circumstances surrounding the debt were considered unique and unlikely to recur. Consequently, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant was not responsible for the charged-off debt as it was assigned to his ex-wife in their divorce decree.
- The creditor had no record of the applicant owing any debt and did not pursue collection from him.
- The applicant's financial situation was deemed under control with no other delinquencies.
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
Key Rule Quoted
“Failure or inability to live within one’s means, satisfy debts, and meet financial obligations may indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations, all of which can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”
Procedural Posture
- SOR issuedAug 26, 2015
- Answer filedSep 23, 2015
- Hearing heldN/ADecided on the written record without a hearing.
- Decision dateMar 31, 2016
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Unique Circumstances
- No Collection Efforts by Creditors as a Factor in Granting Clearance
- The Assignment of Debt Responsibility in a Divorce as a Mitigating Factor