Summary
The applicant, a 24-year-old clerical worker for a defense contractor, faced financial difficulties due to a history of debt accumulation exacerbated by a loss of income from taking time off work. She demonstrated a credible plan to repay her debts, including assistance from her mother and a commitment to living within her means. The judge found that the applicant mitigated the financial considerations concern, resulting in a granted security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant pays $50 monthly on a credit card debt of $2082 (1.a). Applicant pays $100 monthly on a credit card debt of $1200 (1.b). Applicant pays $50 monthly on a third credit card debt of approximately $3400 (1.c). A personal loan Applicant took out of $3000 to pay auto damages after her accident remains unpaid, and a judgment entered against her (1.d). Applicant's fourth credit card debt of $8072 remains unpaid (1.e). Applicant has a telephone bill from 2001. She will contact the company and pay the bill of $196 (1.f). Applicant owes her natural gas supplier for her apartment heat $104 (1.g). Applicant owes her cable television company for a bill of $71 for service (1.h).
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.A6.1.3.4, E2.A6.1.3.6. The decision turned on the following: The applicant established a credible plan to repay her debts; She received financial assistance from her mother to help pay off her car loan; The applicant's financial issues were largely due to circumstances beyond her control, such as loss of income.
Why the Applicant Prevailed
- The applicant established a credible plan to repay her debts.
- She received financial assistance from her mother to help pay off her car loan.
- The applicant's financial issues were largely due to circumstances beyond her control, such as loss of income.
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.A6.1.3.4appliedThe Person Has Received or Is Receiving Counseling for the Problem and There Are Clear Indications That the Problem Is Being Resolved or Is Under Control.
- E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedNov 20, 2003
- Answer filedNov 16, 2003Applicant responded to SOR allegations.
- Hearing heldFeb 12, 2004Hearing convened to consider security clearance.
- Decision dateJun 28, 2004
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Impact of Personal Circumstances on Financial Obligations
- Credibility of Applicant's Repayment Plan in Security Clearance Decisions