Summary
A 30-year-old defense contractor employee was denied a security clearance primarily due to financial considerations under Guideline F, with additional concerns initially raised under Guideline G for alcohol consumption. The Statement of Reasons detailed several allegations, including the applicant's failure to timely file federal and state income tax returns for both the 2016 and 2017 tax years. Furthermore, the applicant owed the IRS $3,516.54 in unpaid taxes from the 2015 tax year.
Regarding alcohol consumption, the applicant faced allegations of being charged with non-compliance with an order to complete an Alcohol Safety and Awareness Program (ASAP), failing to comply with a court-ordered completion of ASAP, and an arrest and charge for driving under the influence (DWI). While the applicant successfully mitigated the concerns related to alcohol consumption, the financial issues remained unresolved.
The denial was ultimately based on the applicant's failure to file tax returns for 2016 and the outstanding tax debt from 2015. The applicant did not provide sufficient evidence of financial responsibility or compliance with tax obligations, leading to a conclusion that he did not demonstrate the necessary reliability and trustworthiness for access to classified information.
Why the Applicant Was Denied
- The applicant failed to file federal and state income tax returns for 2016 and did not resolve a tax debt of $3,516.54 from the 2015 tax year.
- The applicant did not provide sufficient evidence of financial responsibility or compliance with tax obligations, raising concerns about reliability and trustworthiness.
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(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good JudgmentThe applicant's financial issues were ongoing and unresolved.
- AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant did not demonstrate that his financial issues were beyond his control.
- AG ¶ 20(c)rejectedThe Individual Has Received or Is Receiving Financial Counseling for the Problem From a Legitimate and Credible SourceThe applicant did not provide evidence of financial counseling.
- AG ¶ 20(d)rejectedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant did not show evidence of a good-faith effort to resolve his tax debts.
- AG ¶ 20(g)rejectedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount Owed and Is in Compliance with Those ArrangementsThe applicant failed to demonstrate compliance with tax obligations.
Key Rule Quoted
“A person who has access to classified information enters into a fiduciary relationship with the Government based on trust and confidence.”
Procedural Posture
- SOR issuedAug 16, 2019
- Answer filedSep 16, 2019
- Hearing held—Applicant requested a decision without a hearing.
- Decision dateJan 24, 2020
Cite For
- Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
- Mitigation of Alcohol-related Concerns Under Guideline G
- Importance of Timely Compliance with Tax Obligations for Security Clearance Eligibility