Summary
The applicant, a 42-year-old male married to a Thai national, faced allegations under Guidelines F (Financial Considerations), G (Alcohol Consumption), and B (Foreign Influence). He admitted to financial issues related to late tax filings and a history of alcohol abuse, which were found against him. However, the allegations regarding foreign influence due to his marriage were found in his favor. Ultimately, the applicant's security clearance was denied due to unresolved financial and alcohol-related concerns.
Under Guideline B (Foreign Influence), Guideline F (Financial Considerations), and Guideline G (Alcohol Consumption), the Statement of Reasons alleged the following: Applicant is ineligible for clearance because he has foreign connections that may subject him to foreign influence or coercion (3.a). Applicant admitted that he did not file his Federal or state income tax returns in a timely fashion for the tax years 2010 through 2017 (1.a). Applicant is ineligible for clearance because he abuses intoxicants to excess (2.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(f), AG ¶ 21(a), AG ¶ 21(b), AG ¶ 21(c). The judge applied mitigating conditions AG ¶ 20(g), AG ¶ 23(a). The decision turned on the following: The applicant failed to timely file Federal and state income tax returns for multiple years, indicating poor judgment and reliability issues; The applicant has a long history of alcohol abuse, including multiple incidents of passing out and reporting to work under the influence, raising concerns about his judgment and trustworthiness.
Why the Applicant Was Denied
- The applicant failed to timely file Federal and state income tax returns for multiple years, indicating poor judgment and reliability issues.
- The applicant has a long history of alcohol abuse, including multiple incidents of passing out and reporting to work under the influence, raising concerns about his judgment and trustworthiness.
Conditions Referenced
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns
- AG ¶ 21(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 21(b)raisedAlcohol-related Incidents at Work
- AG ¶ 21(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 20(g)rejectedMade Arrangements with the Appropriate Tax AuthorityThe applicant did not provide sufficient evidence to show compliance with tax obligations.
- AG ¶ 23(a)rejectedTime Has Passed or Behavior Was InfrequentThe applicant's alcohol issues are longstanding and recent abstinence is insufficient to mitigate concerns.
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 issuedJan 4, 2019
- Answer filedFeb 14, 2019
- Hearing heldJun 10, 2019Hearing convened as scheduled.
- Decision dateSep 5, 2019
Cite For
- Failure to Mitigate Financial Issues Under Guideline F
- History of Alcohol Abuse Impacting Security Clearance Eligibility
- Foreign Influence Concerns Mitigated by U.S. Loyalty but Not Sufficient for Clearance