Summary
The applicant, a pro se individual, was denied a public trust position due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The denial stemmed from significant financial issues and the applicant's failure to disclose these on her security form.
Specifically, the applicant was indebted to the Internal Revenue Service for approximately $7,121 on a federal tax lien entered around March 2004, which remained unpaid as of February 9, 2007. Additionally, the applicant had 17 unpaid, delinquent debts totaling about $13,000. On her SF-85P, the applicant denied having a tax lien or delinquent debts over 180 days, despite these existing obligations.
The judge found that the failure to disclose these debts raised serious concerns about the applicant's reliability and trustworthiness. Although some mitigating conditions were considered, the applicant did not demonstrate that she sought financial counseling or made significant progress in addressing her debts, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant had a tax lien of approximately $7,121 and 17 unpaid, delinquent debts totaling about $13,000.
- The applicant failed to disclose her tax lien and delinquent debts on her security form, raising questions about her reliability and trustworthiness.
- The applicant did not demonstrate that she sought financial counseling or made significant progress in addressing her debts.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 22(a)raisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty
- AG ¶ 20(b)appliedConditions That Resulted in the Behavior Were Largely Beyond the Person's ControlThis applied to approximately $2,000 of medical debt incurred during unemployment.
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue CreditorsThe applicant satisfied the tax lien through an installment plan and IRS recoupment.
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the ProblemNo evidence was presented that the applicant sought financial counseling.
Key Rule Quoted
“An applicant in an ADP determination is responsible for presenting evidence to rebut, explain, extenuate, or mitigate the facts.”
Procedural Posture
- SOR issuedJul 24, 2007
- Answer filedAug 13, 2007
- Hearing heldFeb 15, 2008
- Decision dateFeb 15, 2008
Cite For
- Denial Based on Undisclosed Financial Obligations Under Guideline F
- Failure to Disclose a Tax Lien Under Guideline E
- Importance of Demonstrating Good Faith Efforts to Resolve Financial Issues.