Summary
A Department of Defense contractor with a top secret security clearance faced a DOHA review under Guideline F (Financial Considerations) due to several delinquent accounts. The Statement of Reasons cited a mortgage over 180 days past due for $14,759 on a $268,759 loan, a $2,977 delinquent computer account, a $925 charged-off credit card, an $83 medical account in collections, and a $2,200 judgment from August 2009. These issues raised Disqualifying Conditions AG ¶ 19(a) and AG ¶ 19(c).
However, the judge applied Mitigating Conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), and AG ¶ 20(e). The applicant resolved four of the five delinquent accounts and demonstrated responsible financial management following a difficult divorce. Evidence showed that the financial issues were largely due to circumstances beyond the applicant's control, specifically his ex-wife's financial mismanagement during their marriage.
The applicant also provided evidence disputing the legitimacy of one remaining debt and demonstrated a good-faith effort to resolve his financial obligations. Based on these factors, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant resolved four of the five delinquent accounts and demonstrated responsible financial management after his divorce.
- The applicant's financial issues were largely due to circumstances beyond his control, specifically his ex-wife's financial mismanagement during their marriage.
- The applicant provided evidence disputing the legitimacy of one debt and showed a good-faith effort to resolve his financial obligations.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened Long Ago or Infrequently
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(c)appliedReceived Counseling or Problem Is Under Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Creditors
- AG ¶ 20(e)appliedReasonable Basis to Dispute Legitimacy of Debt
Key Rule Quoted
“An individual who is financially irresponsible may also be irresponsible, unconcerned, or careless in his obligations to protect classified information.”
Procedural Posture
- SOR issuedOct 21, 2015
- Answer filedNov 12, 2015Requested decision on the record.
- Hearing held—Decision based on written record.
- Decision dateJun 20, 2016
Cite For
- Mitigating Conditions Under Guideline F for Financial Considerations
- Impact of Personal Circumstances on Financial Responsibility
- Whole-person Concept in Security Clearance Evaluations