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ISCR Case 23-01341granted

Case headnote

ISCR Case No. 23-01341

grantedMay 10, 2024· Hon. Erin C. Hogan· hearing

Synopsis

The applicant, a 39-year-old DOD contractor and Air Force Reserve Technical Sergeant, faced security concerns under Guideline F due to a charged-off loan of $31,155. The applicant's financial difficulties stemmed from legal expenses related to child custody and support, which were exacerbated by reduced income during deployment. The applicant successfully settled the debt after the hearing, demonstrating a good-faith effort to resolve financial obligations, leading to a granted security clearance.

Why the applicant prevailed

The applicant settled the charged-off debt after the hearing, demonstrating a good-faith effort to resolve financial obligations.
The applicant's financial issues were largely due to circumstances beyond his control, including legal expenses from a contentious custody battle.
The applicant's current financial situation is stable, with sufficient income to meet obligations.

Conditions referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts

Key rule quoted

“The protection of the national security is the paramount consideration.”

Procedural posture

SOR issuedJun 30, 2023
Answer filedJul 22, 2023
Hearing heldMar 12, 2024via video-teleconference
Decision dateMay 10, 2024

Cite for

Mitigating Conditions Under Guideline F Due to Circumstances Beyond the Applicant's Control
Good-faith Efforts to Resolve Financial Obligations
Impact of Legal Expenses on Financial Stability

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

From the decision

Facts this decision states, each with the exact sentence it comes from. Descriptive of the record, not an assessment.

Age at decision: 39: “Applicant is a 39-year-old employee of a DOD contractor seeking to maintain a security clearance.”
Tenure: ~2 years: “He has worked for his current employer since November 2022.”
Clearance at issue: Secret: “He currently holds a Secret clearance.”
Held a clearance before: Yes: “He currently holds a Secret clearance.”
Delinquent debt cited: $31,155 (on a payment plan): “He listed a loan he took out with a roofing company that was charged-off in the amount of $31,155.”

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant had a charged-off loan of $31,155 with a roofing company, which he admitted. However, the applicant successfully settled this debt for $12,461.97 after the hearing, and the judge determined that the applicant mitigated the financial concerns raised under Guideline F, ultimately granting him eligibility for a security clearance.

The sub-allegation breakdown is part of the Professional plan. See what it includes.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation

Descriptive standardized rendering of a decided public case. The verbatim source decision is shown in full below.

Full decision

The complete, official text, footnotes and signatures included, is in the original PDF.

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Case profile

Synopsis

Why the applicant prevailed

Conditions referenced

Key rule quoted

Procedural posture

Cite for

From the decision

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

DECISION

FINDINGS OF FACT

POLICIES

FORMAL FINDINGS

CONCLUSION