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ISCR Case 18-00433 · CASE

ISCR Case 18-00433granted

Case Headnote

ISCR Case No. 18-00433

grantedSep 27, 2018· Hon. Edward W. Loughran· hearing

Synopsis

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)appliedThe Behavior Was Not Recent.
AG ¶ 20(b)appliedThe Conditions That Resulted in the Behavior Were Beyond the Person's Control.
AG ¶ 20(d)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate the Vulnerability to Exploitation, Manipulation, or Duress.

Key Rule Quoted

“I also gave due consideration to the whole-person concept.”

Procedural Posture

SOR issuedFeb 23, 2018
Answer filedMar 28, 2018
Hearing heldAug 16, 2018
Decision dateSep 27, 2018Proposed 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.

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 financial concerns due to defaulted student loans, delinquent medical debts, and a small debt to a fitness center. However, the applicant demonstrated that she had rehabilitated her student loans, paid off the fitness center debt, and was actively addressing her medical debts, leading to a decision in her favor under Guideline F.

1.a four defaulted student loans
Finding: For Applicant
Type: Student Loan Debt
Response: Unknown
Disqualifying (¶19): —
Mitigating applied (¶20):
(a) behavior happened long ago / infrequent / unlikely to recur
(b) conditions largely beyond the person’s control; acted responsibly
(d) good-faith effort to repay or otherwise resolve debts
Mitigation: —
1.b five delinquent medical debts
Finding: For Applicant
Type: Medical Debt
Response: Unknown
Disqualifying (¶19): —
Mitigating applied (¶20):
(a) behavior happened long ago / infrequent / unlikely to recur
(b) conditions largely beyond the person’s control; acted responsibly
(d) good-faith effort to repay or otherwise resolve debts
Mitigation: —
1.c $410 debt to a fitness center
$410
Finding: For Applicant
Type: Unspecified Financial
Response: Unknown
Disqualifying (¶19): —
Mitigating applied (¶20):
(a) behavior happened long ago / infrequent / unlikely to recur
(b) conditions largely beyond the person’s control; acted responsibly
(d) good-faith effort to repay or otherwise resolve debts
Mitigation: —

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	four defaulted student loans	For Applicant	Student Loan Debt	Unknown	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—
1.b	five delinquent medical debts	For Applicant	Medical Debt	Unknown	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—
1.c	$410 debt to a fitness center $410	For Applicant	Unspecified Financial	Unknown	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—

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

Full decision

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

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

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

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