Summary
A 56-year-old applicant for a public trust position was granted eligibility despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons alleged five debts, including a $6,487 charge card debt from 2004, an $838 car repair debt from 2000, a $621 department store account from 2002, a $12,985 credit card debt from 2002, and a $104,000 home mortgage account. Disqualifying conditions FC DC 1 and FC DC 3 were raised.
The applicant attributed the debts primarily to her husband's unemployment. She disputed three of the alleged debts, claimed two were solely her husband's responsibility, and successfully paid off two others. Mitigating conditions FC MC 1, FC MC 2, FC MC 3, FC MC 4, and FC MC 6 were applied.
The judge determined that the applicant currently has no legally enforceable delinquent debts. Furthermore, she demonstrated financial responsibility over the past three years, and the creditor for the largest disputed debt agreed to remove it from her credit reports. Based on these findings, the applicant's security clearance was granted.
Why the Applicant Prevailed
- Applicant currently has no legally enforceable, delinquent debts.
- She has been financially responsible for the last three years.
- The creditor for the largest disputed debt agreed it should be removed from her credit reports.
Conditions Referenced
- FC DC 1raisedA History of Not Meeting Financial Obligations
- FC DC 3raisedInability or Unwillingness to Satisfy Debts
- FC MC 1rejectedThe Behavior Was Not Recent
- FC MC 2rejectedIt Was an Isolated Incident
- FC MC 3appliedConditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- FC MC 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
- FC MC 6rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve 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 issuedAug 31, 2006
- Answer filedSep 30, 2006Applicant elected to have her case decided at a hearing.
- Hearing heldNov 30, 2006Record was held open for additional evidence.
- Decision dateJan 30, 2007
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Impact of Marital Separation on Financial Obligations
- Application of Statute of Limitations in Financial Disputes