Summary
The applicant, a 36-year-old diver employed by a defense contractor, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to delinquent debts totaling approximately $27,000 and allegations of falsification on his security clearance application. The judge found that the applicant had made significant efforts to resolve his debts and demonstrated responsible financial management, leading to a decision to grant his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: a charged off debt on a credit union credit card for $15,628 (1.a). a judgment by a department store for $8,268 (1.b). a charged off credit card for $1,604 (1.c). an account placed for collection for $720 (1.d). a cable debt in collection for $284 (1.e). medical debts in collection for $163 (1.f). medical debts in collection for $143 (1.g). medical debts in collection for $72 (1.h). a medical debt in judgment for $192 (1.i).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts; He has been current on all financial obligations since January 2015 and has made payments on delinquent debts; The applicant's financial problems were largely due to periods of unemployment, which were beyond his control.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to repay overdue creditors and resolve debts.
- He has been current on all financial obligations since January 2015 and has made payments on delinquent debts.
- The applicant's financial problems were largely due to periods of unemployment, which were beyond his control.
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 Problems Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 16, 2015
- Answer filedJun 5, 2015
- Hearing heldNov 4, 2015
- Decision dateFeb 9, 2016
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Good-faith Efforts to Resolve Debts
- Consideration of Personal Conduct in Light of Financial Difficulties
- The Importance of Demonstrating Responsible Financial Management in Security Clearance Cases