Summary
A 44-year-old overseas technician successfully contested the revocation of his security clearance, which was initially challenged under Guideline F (Financial Considerations). The Statement of Reasons alleged a history of financial problems, including five delinquent accounts totaling approximately $10,321, and a failure to timely file and pay income taxes for certain years. These issues raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a), (c), and (f).
However, the applicant demonstrated significant mitigating actions. He resolved nearly all his delinquent debts, with only one collection account remaining in dispute. Furthermore, he achieved full compliance with both state and federal tax authorities, addressing all past tax-related issues.
The decision to grant the clearance was also influenced by the finding that many of the financial difficulties stemmed from circumstances largely beyond his control, specifically a difficult personal relationship and job changes. Given these mitigating factors and the applicant's responsible actions, the judge concluded that granting eligibility for access to classified information was consistent with national interest. The security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant resolved nearly all delinquent debts and is disputing only one collection account.
- He achieved compliance with state and federal tax authorities after addressing past issues.
- The financial problems were largely due to circumstances beyond his control, including a difficult relationship and job changes.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required
- 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
- AG ¶ 20(g)appliedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount Owed and Is in Compliance with Those Arrangements
Key Rule Quoted
“It is well-established law that no one has a right to a security clearance.”
Procedural Posture
- SOR issuedApr 24, 2018
- Answer filedMay 4, 2018
- Hearing heldOct 12, 2018Applicant appeared pro se.
- Decision dateJul 16, 2019
Cite For
- Financial Responsibility and Compliance Under Guideline F
- Mitigating Factors Related to Financial Issues
- Impact of Personal Circumstances on Financial Stability