Summary
The applicant, a 59-year-old security officer for a federal contractor, faced security concerns under Guideline F (Financial Considerations) and Guideline E (Personal Conduct). The applicant admitted to multiple financial delinquencies, including a significant tax lien and several years of unpaid federal taxes, leading to a denial of security clearance. However, the judge found that the applicant mitigated concerns related to personal conduct, resulting in a favorable outcome for those allegations.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant did not disclose delinquent Federal taxes from 2011 to 2016 (2.a). Applicant answered 'No' regarding routine delinquent accounts (2.b). Applicant was terminated for removing items from a trash can (2.c). 2012 Federal tax lien in the amount of $20,834 (1.a). 2011 delinquent Federal taxes in the amount of $1,153.96 (1.b). 2012 Federal delinquent taxes in the amount of $1,901.74 (1.c). 2013 delinquent Federal taxes in the amount of $4,646.25 (1.d). 2014 delinquent Federal taxes in the amount of $828.90 (1.e). 2015 Federal delinquent taxes in the amount of $3,223.10 (1.f). 2016 delinquent Federal taxes in the amount of $458.72 (1.g). a charged-off account in the amount of $113 (1.h). a vehicle repossession balance of $8,862 (1.i). a collection account in the amount of $300 (1.j). a medical collection account for $63 (1.k).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(f), AG ¶ 16(c), AG ¶ 16(d). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(g). The decision turned on the following: The applicant had a significant history of financial delinquencies, including a tax lien and multiple years of unpaid federal taxes; The applicant failed to maintain payment plans with the IRS and did not demonstrate sufficient control over her financial situation.
Why the Applicant Prevailed
- The applicant did not intentionally falsify her security clearance application, demonstrating a lack of intent to deceive.
- The applicant was open and candid about her past conduct, reducing vulnerability to exploitation.
Conditions Referenced
- AG ¶ 19(a)appliedInability to Satisfy Debts
- AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
- AG ¶ 19(f)appliedFailure to Pay Annual Federal, State, or Local Income Tax as Required
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)appliedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant's attempts to resolve tax issues were not deemed responsible.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue Creditors or Resolve DebtsThe applicant did not demonstrate sufficient efforts to control her tax issues.
- AG ¶ 20(g)rejectedArrangements with the Appropriate Tax Authority to File or Pay the Amount OwedThe applicant was not in a current payment plan with the IRS.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedNov 2, 2017
- Answer filedApr 21, 2018
- Hearing heldDec 13, 2018hearing was rescheduled for good cause
- Decision dateFeb 19, 2019
Cite For
- Disqualifying Conditions Under Guideline F Related to Financial Irresponsibility
- Mitigating Conditions Under Guideline E Regarding Personal Conduct
- The Importance of Demonstrating Control Over Financial Obligations for Security Clearance Eligibility.