Summary
The Applicant, a 38-year-old single mother employed as a Security Officer, faced financial difficulties primarily due to two difficult pregnancies, resulting in a year of no income and two years of reduced income. She has resolved several debts and demonstrated a credible intent to address remaining obligations. The judge found no intentional falsification of her Security Clearance Application, leading to a granted security clearance under Guideline F.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The Applicant admits that she was indebted to this ambulance service in the amount of $529.00. The Applicant paid this debt in full on October 17, 2005 (1.a). The Applicant admits that she was indebted to this Medical Provider in the amount of $54.00. The Applicant paid this debt in full on October 17, 2005 (1.b). The Applicant admits that she was indebted to this Medical Provider in the amount of $60.00. The Applicant paid this debt in full on October 17, 2005 (1.c). The Applicant maintains that she should not owe this creditor any back rent for an apartment she rented with her sister from June 1998 until August 1999. Her sister left unexpectedly, submitting 30 days notice without telling the Applicant. The Applicant then lived with her other sister in another apartment in the same complex for several months before moving. She submitted a cancelled check from August 1999, which was her last month in residence at that address. The Applicant admits that this debt is on her credit report and she intends to address it (1.d). The Applicant stated that she did not have long distance service on her home telephone. She believes that a guest or friend ran up these long distance charges without her permission. However, in order to resolve this situation, the Applicant paid the debt on November 3, 2005 (1.e). The Applicant admits that she was indebted to this telephone company in the amount of $292.72. Applicant paid the debt on November 7, 2005 (1.f). The Applicant admits that she is indebted to this credit card company. She does not believe that the amount she owes is $11,020.00. At one time she had three different credit cards with this company. Two were sold to the creditor in subparagraph 1.h., and will be discussed below. The Applicant's ability to pay this credit card off was seriously affected by two difficult pregnancies, in 2000 and 2004-2005. The Applicant intends to contact this creditor and work out a solution to pay this credit card debt (1.g). The Applicant admits that she is indebted to this bank in the amount of about $2,000.00. She was able to pay off one of the two accounts held by this creditor. She had begun making payments on this account when she had to stop working because of her pregnancy (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.A6.1.3.6. The decision turned on the following: The Applicant resolved several debts prior to the hearing; The financial difficulties were largely due to circumstances beyond her control, specifically difficult pregnancies; The Applicant demonstrated a credible intent to resolve remaining debts and had a stable financial situation at the time of the hearing.
Why the Applicant Prevailed
- The Applicant resolved several debts prior to the hearing.
- The financial difficulties were largely due to circumstances beyond her control, specifically difficult pregnancies.
- The Applicant demonstrated a credible intent to resolve remaining debts and had a stable financial situation at the time of the hearing.
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
“Each adjudication is to be an overall common sense determination based upon consideration and assessment of all available information, both favorable and unfavorable.”
Procedural Posture
- SOR issuedAug 4, 2005
- Answer filedAug 24, 2005
- Hearing heldNov 21, 2005
- Decision dateJun 21, 2006
Cite For
- Mitigation of Financial Difficulties Due to Personal Circumstances
- Credibility of Intent to Resolve Debts
- Non-intentional Errors in Security Clearance Applications