Summary
A 61-year-old logistics manager with extensive federal service was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline E (Personal Conduct). The Statement of Reasons cited his failure to timely file federal income tax returns for seven years, from tax year 2010 to 2016. Additionally, the applicant was alleged to have violated employer policies regarding a safe workplace and computer use, including unauthorized downloads, and to have falsified his Security Clearance Application.
Disqualifying conditions raised included AG ¶ 19(f), AG ¶ 16(a), AG ¶ 16(c), and AG ¶ 16(d). While mitigating conditions AG ¶ 20(g), AG ¶ 17(c), and AG ¶ 17(d) were considered, they were ultimately deemed insufficient.
The denial was based on the applicant's demonstrated poor judgment in failing to file federal income tax returns for seven years, despite recent compliance. Furthermore, the judge found that the applicant violated workplace policies, specifically citing unauthorized use of a thumb drive and inappropriate behavior toward a subordinate. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant failed to timely file federal income tax returns for seven years, demonstrating poor judgment.
- The applicant violated workplace policies, including unauthorized use of a thumb drive and inappropriate behavior towards a subordinate.
Conditions Referenced
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State or Local Income Taxes
- AG ¶ 16(a)raisedDeliberate Omission, Concealment or Falsification of Relevant Facts
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 20(g)rejectedThe Individual Has Made Arrangements with Appropriate Tax Authority to File or Pay the Amount OwedThe applicant's late filing and misunderstanding of tax obligations did not mitigate the concerns.
- AG ¶ 17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so InfrequentThe applicant's repeated violations indicated a pattern of poor judgment.
- AG ¶ 17(d)rejectedThe Individual Has Acknowledged the Behavior and Obtained CounselingThe applicant's acknowledgment of issues did not demonstrate sufficient change in behavior.
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedAug 20, 2018
- Answer filed—
- Hearing heldFeb 28, 2019Hearing convened as scheduled.
- Decision dateMar 28, 2019
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Failure to Mitigate Personal Conduct Concerns Under Guideline E
- Insufficient Evidence to Demonstrate Reliability and Trustworthiness for Security Clearance.