Summary
The applicant, a 33-year-old employee of a defense contractor and a divorced mother of three, sought a security clearance under Guideline F due to financial difficulties stemming from circumstances beyond her control. The judge found that the applicant had taken disciplined steps to resolve her debts, which were largely due to her ex-husband's lack of income and medical expenses, and granted her clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: a nearly $8,100.00 deficiency on a May 1996 voluntary automobile repossession (1.a). past due medical accounts totaling about $1,200.00 (1.b). $60.00 medical account (1.c). $124.00 medical account (1.d). $495.00 medical account (1.e). $79.00 medical account (1.f). $400.00 for a past due educational loan (1.g).
The judge granted the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3. The judge applied mitigating conditions E2.A6.1.3.3, E2.A6.1.3.6. The decision turned on the following: The applicant demonstrated that her financial difficulties were largely due to circumstances beyond her control; She took disciplined steps to resolve her delinquent debts prior to the issuance of the SOR; The applicant's financial situation showed improvement, with a positive cash flow and efforts to pay off debts.
Why the applicant prevailed
- The applicant demonstrated that her financial difficulties were largely due to circumstances beyond her control.
- She took disciplined steps to resolve her delinquent debts prior to the issuance of the SOR.
- The applicant's financial situation showed improvement, with a positive cash flow and efforts to pay off debts.
Conditions referenced
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A6.1.3.3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key rule quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural posture
- SOR issuedMar 26, 2002
- Answer filedApr 1, 2002
- Hearing heldSep 11, 2002
- Decision dateNov 12, 2002
Cite for
- Mitigation of Financial Difficulties Under Guideline F
- Impact of Circumstances Beyond Control on Financial Obligations
- Good-faith Efforts to Resolve Debts as a Mitigating Factor