Summary
The applicant, a 46-year-old computer specialist and U.S. Army veteran, faced security concerns under Guideline F due to a history of delinquent debts accumulated between 1989 and 2002. The debts were primarily attributed to circumstances beyond his control, including personal hardships and unemployment. The applicant demonstrated significant efforts to resolve his financial issues through education, employment, and financial counseling, leading to the granting of his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Collection Co. $659.00 Payment Plan (1.a). Furniture Store $919.00 Payment Plan (1.b). Retailer $401.00 Paid (1.c). Collection Co. $144.00 Payment Plan (1.d). Collection Co. $56.00 Unresolved (1.e). Collection Co. $198.00 (Electrical Service) Payment Plan (1.f). Collection Co. $40.00 Paid (1.g). Collection Co. $2,065.00 (Credit Card Co.) Payment Plan (1.h). Collection Co. $305.00 (Retailer) Paid (1.i). Collection Co. $420.00 (Telephone services) Current (1.j). Collection Co. $74.00 (Medical bill) Paid (1.k). Collection Co. $244.00 Paid (1.l). Collection Co. $70.00 (Telephone services) Unresolved (1.m). Collection Co. $104.00 (Telephone Service) Paid (1.n). Collection Co. $48.00 Paid (1.o). Telephone Co. $333.00 Current (1.p). Retailer $5,685.00 Payment Plan (1.q).
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.A6.1.3.1, E2.A6.1.3.2, E2.A6.1.3.3, E2.A6.1.3.4, E2.A6.1.3.6. The decision turned on the following: The applicant's financial difficulties were largely due to circumstances beyond his control; He obtained financial counseling and made efforts to pay off or negotiate payment plans for his debts; The applicant's current financial situation shows he is capable of managing his obligations.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to circumstances beyond his control.
- He obtained financial counseling and made efforts to pay off or negotiate payment plans for his debts.
- The applicant's current financial situation shows he is capable of managing his obligations.
Conditions Referenced
- E2.A6.1.2.1raisedHistory of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A6.1.3.1rejectedBehavior Was Not RecentThe applicant's financial problems are considered recent.
- E2.A6.1.3.2rejectedFinancial Difficulty Was an Isolated IncidentThe applicant had numerous delinquent debts over many years.
- E2.A6.1.3.3appliedConditions Largely Beyond the Person's Control
- E2.A6.1.3.4appliedReceived Counseling and Indications of Resolution
- E2.A6.1.3.6appliedGood-faith Effort to Repay Debts
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural Posture
- SOR issuedJan 20, 2005
- Answer filedFeb 28, 2005
- Hearing heldSep 14, 2005with record kept open for additional documents
- Decision dateOct 21, 2005
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Importance of Financial Counseling in Resolving Debts
- Consideration of the Whole Person Concept in Security Clearance Decisions