Summary
The 43-year-old Applicant, seeking a public trust position, faced security concerns under Guideline F due to five alleged debts, four of which were accumulated prior to her 1999 divorce and periods of unemployment. The Applicant demonstrated a commitment to resolving her debts through a debt consolidation loan and consistent payments on her student loan, leading to a decision to grant her eligibility for an ADP I/II/III position.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Credit card $2,024.00 duplication of SOR debt ¶ 1.c (1.a). Credit card $1,561.00 debt consolidation loan (1.b). Credit card $4,004.00 debt consolidation loan (1.c). Cell phone bill $326.00 debt consolidation loan (1.d). Credit card $5,406.00 debt consolidation loan (1.e).
The judge granted the clearance. The government raised disqualifying conditions FC DC 1, FC DC 3. The judge applied mitigating conditions FC MC 3, FC MC 6. The decision turned on the following: The Applicant made consistent payments on her student loan and debt consolidation loan; The debts were largely a result of her divorce and periods of unemployment, which were beyond her control; The Applicant demonstrated a commitment to financial responsibility by initiating a debt consolidation plan.
Why the Applicant Prevailed
- The Applicant made consistent payments on her student loan and debt consolidation loan.
- The debts were largely a result of her divorce and periods of unemployment, which were beyond her control.
- The Applicant demonstrated a commitment to financial responsibility by initiating a debt consolidation plan.
Conditions Referenced
- FC DC 1raisedA History of Not Meeting Financial Obligations
- FC DC 3raisedInability or Unwillingness to Satisfy Debts
- FC MC 3appliedConditions That Resulted in the Behavior Were Largely Beyond the Person's ControlThe debts became delinquent due to her divorce and unemployment.
- FC MC 6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe Applicant's recent efforts through a debt consolidation program indicate a commitment to resolving her debts.
Key Rule Quoted
“"The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person's loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security."”
Procedural Posture
- SOR issuedJul 11, 2006
- Answer filedJul 27, 2006Applicant elected to have her case decided on the written record.
- Hearing held—No hearing; case decided on the written record.
- Decision dateNov 20, 2006
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Circumstances Beyond the Applicant's Control
- Good-faith Efforts in Debt Resolution Through Consolidation
- Consideration of the Whole Person Concept in Financial Evaluations