A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 18-00433
GrantedDecided Sep 27, 2018 · Administrative Judge Edward W. Loughran · Hearing
Case headnote
Summary
The applicant, a 36-year-old defense contractor employee with a bachelor's and master's degree, faced security concerns under Guideline F due to financial issues stemming from unemployment and medical bills. She successfully mitigated these concerns by resolving her debts, including rehabilitating student loans and paying off medical debts, leading to a favorable decision for security clearance.
Why the applicant prevailed
- Applicant resolved her financial issues after being hired by a defense contractor.
- She rehabilitated her student loans, which are now in good standing.
- Applicant paid off four of five medical debts and is addressing the remaining debt.
Conditions referenced
Mitigating
- AG ¶ 20(a) The behavior was not recent.applied
- AG ¶ 20(b) The conditions that resulted in the behavior were beyond the person's control.applied
- AG ¶ 20(d) The individual has taken positive steps to reduce or eliminate the vulnerability to exploitation, manipulation, or duress.applied
Key rule quoted
“I also gave due consideration to the whole-person concept.”
Procedural posture
- SOR issued
- February 23, 2018
- Answer filed
- March 28, 2018
- Hearing held
- August 16, 2018
- Decision date
- September 27, 2018 Proposed summary disposition in Applicant’s favor.
Cite for
- Mitigation of Financial Issues Under Guideline F
- Whole-person Concept in Security Clearance Decisions
- Resolution of Debts as a Factor in Granting Security Clearance
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 sentence it comes from. Descriptive of the record, not an assessment.
- Applicant Age
- 36
- Delinquent Usd
- 410
- Payment Plan
- yes
- Bankruptcy
- none
Allegations under Guideline F
Reading the 3 per allegation rows needs a free account.
3 rows in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS
In the matter of: )
)
)
ISCR Case No. 18-00433
) Applicant for Security Clearance )
Appearances
For Government: Michelle P. Tilford, Esq., Department Counsel For Applicant: Pro se
______________
Decision ______________
LOUGHRAN, Edward W., Administrative Judge:
On February 23, 2018, the Department of Defense (DOD) issued a Statement of Reasons (SOR) to Applicant detailing security concerns under Guideline F, financial considerations.1 Applicant responded to the SOR on March 28, 2018, and requested a hearing before an administrative judge. The case was assigned to me on July 26, 2018. The hearing was held as scheduled on August 16, 2018. On September 20, 2018, I proposed to the parties that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object.
Applicant is a 36-year-old employee of a defense contractor. She has a bachelor’s degree that was awarded in 2005, a master’s degree that was awarded in 2010, and additional post-graduate studies. Her financial problems were caused by periods of unemployment and underemployment, and medical bills incurred when she did not have health insurance.
1 This case is adjudicated under Executive Order (EO) 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative guidelines, which became effective on June 8, 2017. 09/27/2018
2
The Statement of Reasons (SOR) alleges four defaulted student loans, five delinquent medical debts, and a $410 debt to a fitness center. Applicant started resolving her financial problems after she was hired by a defense contractor in 2017. She paid the fitness center; the student loans have been rehabilitated, are in good standing, and are being paid; and she paid four of the five medical debts and is in the process of paying the fifth. Based on the record evidence as a whole, I conclude that the security concerns are mitigated under the following mitigating conditions: AG ¶¶ 20(a), 20(b), and 20(d).
The concerns over Applicant’s history of financial problems do not create doubt about her current reliability, trustworthiness, good judgment, and ability to protect classified information. In reaching this conclusion, I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence. I also gave due consideration to the whole-person concept. Accordingly, I conclude that she met her ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant her eligibility for access to classified information. This case is decided for Applicant.
________________________ Edward W. Loughran Administrative Judge