Summary
The applicant, a 36-year-old woman employed as an enrollment specialist supervisor, faced security concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct) due to a history of financial difficulties, including a Chapter 7 bankruptcy and several delinquent accounts. The judge found that the applicant mitigated the financial concerns by demonstrating that her debts were largely due to circumstances beyond her control, including her husband's abusive behavior and lack of support. The applicant's integrity and work ethic were supported by her superiors, leading to a decision to grant her eligibility for a sensitive position.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: $1,000 collection account for three returned checks turned over for collection in August 2003 (1.a). $375 delinquent check account turned over for collection in September 2003 (1.b). $418 utility bill referred for collection in January 2004 (1.c). $900 judgment for unpaid rent entered in June 2004 (1.d). $890 delinquent account charged off in July 2004 (1.e). $1,074 for three monthly car payments for a car repossessed in November 2004 (1.f). $530 delinquent cable account turned over for collection in August 2005 (1.g). $522 delinquent cable account referred for collection in August 2005 (1.h). $35,416 student loan account that went into default in November 2005 (1.i).
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's financial issues were largely due to circumstances beyond her control, including her husband's abusive behavior and lack of support; The applicant demonstrated a good faith effort to resolve her debts and was proactive in managing her financial situation; Her superiors provided strong endorsements of her integrity and work performance.
Why the Applicant Prevailed
- The applicant's financial issues were largely due to circumstances beyond her control, including her husband's abusive behavior and lack of support.
- The applicant demonstrated a good faith effort to resolve her debts and was proactive in managing her financial situation.
- Her superiors provided strong endorsements of her integrity and work performance.
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 (e.g., Loss of Employment, a Business Downturn, Unexpected Medical Emergency, or a Death, Divorce, or Separation)
- E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve 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 issuedAug 14, 2006
- Answer filedOct 6, 2006
- Hearing heldDec 1, 2006
- Decision dateJan 26, 2007
Cite For
- Mitigation of Financial Concerns Due to Circumstances Beyond Control
- Good Faith Efforts to Resolve Debts
- Support From Superiors as a Factor in Trustworthiness Determinations