Summary
A 40-year-old background investigator was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant had a history of poor work performance, including multiple job terminations. Specific instances included being fired from one company for unsatisfactory performance, and from another in November 2011 due to poor performance, timeliness, quality, and communication issues. The applicant was also reprimanded by Company C for failing to protect personally identifiable information and was suspended, with contract termination initiated, for transmitting case reports without requested revisions. Additionally, the applicant was dismissed from Company E in November 2018.
Financially, the applicant owed $1,067 on one account, $867 on a store credit card, and $417 on a delinquent credit card. A significant concern was the outstanding federal income tax debt of $15,288. The judge found that the applicant's conduct, including a failure to disclose derogatory information on his security clearance application, raised significant concerns about reliability and trustworthiness.
Despite some mitigating conditions being applied, the applicant's history of poor work performance, federal income tax delinquency, and inability to comply with payment plans ultimately led to the determination that he posed an unacceptable security risk. The security clearance was therefore denied.
Why the Applicant Was Denied
- The applicant had a history of poor work performance, including multiple job terminations for unsatisfactory performance.
- The applicant failed to disclose derogatory information on his security clearance application, which constituted falsification.
- The applicant's federal income tax delinquency and inability to comply with payment plans raised significant security concerns.
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 ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- 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 was not in compliance with the payment plan for his tax delinquency.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 11, 2020
- Answer filed—Applicant responded to the SOR, admitting some allegations.
- Hearing heldMay 14, 2021Hearing was held as scheduled.
- Decision dateAug 4, 2021
Cite For
- Denial Based on Poor Work Performance Under Guideline E
- Financial Considerations Leading to Security Clearance Denial Under Guideline F
- Falsification of Security Clearance Application as a Disqualifying Factor