Summary
The applicant, a 43-year-old helicopter mechanic with a family of four, faced security concerns under Guideline F due to financial difficulties stemming from an auto accident and a reduction in income. Despite having several delinquent debts, the applicant demonstrated efforts to address his financial situation through counseling and payment plans. The judge granted the security clearance, finding that the applicant's financial issues were largely beyond his control and that he was taking steps to resolve them.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant owes a credit card issuer $1,414 (1.a). Applicant owes another credit card issuer $929 (1.b). Applicant owes a third credit card creditor $1,868 (1.c). Applicant owes another credit card issuer $708 (1.d). Applicant owes about $21,000 in child support arrearage as of February 2003 (1.e).
The judge granted the clearance. The government raised disqualifying conditions DC 1, DC 3. The judge applied mitigating conditions MC 3, MC 4. The decision turned on the following: The applicant's financial difficulties were largely due to circumstances beyond his control, including an auto accident and loss of income; The applicant is actively addressing his financial issues through a credit counseling program and payment plans for his debts; The applicant's character and work performance were positively evaluated by peers and superiors.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to circumstances beyond his control, including an auto accident and loss of income.
- The applicant is actively addressing his financial issues through a credit counseling program and payment plans for his debts.
- The applicant's character and work performance were positively evaluated by peers and superiors.
Conditions Referenced
- DC 1raisedA History of Not Meeting Financial Obligations.
- DC 3raisedInability or Unwillingness to Satisfy Debts.
- MC 3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control.
- MC 4appliedThe Individual Is Receiving Counseling for the Problem and There Are Clear Indications the Problem Is Being Resolved or Is Under Control.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedSep 21, 2004
- Answer filedOct 18, 2004
- Hearing heldMay 3, 2005Hearing was rescheduled due to inclement weather.
- Decision dateJul 27, 2005
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Active Steps Taken to Resolve Financial Difficulties
- Consideration of the Whole Person Concept in Security Clearance Determinations