CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 19-03288 — CASE

Case record

ISCR Case 19-03288

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date9/7/2021
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Claude R. Heiny II
Government Counsel: Kelly M. Folks
Case Summary
The applicant in this case was a 62-year-old over-the-road long-haul truck driver seeking a security clearance to work for a defense contractor. The Department of Defense issued a Statement of Reasons (SOR) under Guideline F, financial considerations, citing unfiled state and federal income tax returns and six other delinquent accounts. The applicant had previously served in the Navy and had an honorable discharge.
During the proceedings, the applicant admitted to owing money to the Social Security Administration (SSA) due to overpayments while receiving disability benefits, as well as to various tax debts. He had established repayment agreements with the IRS and the state Franchise Tax Board, making payments exceeding $30,000. The applicant also indicated that he was current on his credit card accounts and other debts, and he was actively working to address his financial obligations, including contacting creditors regarding judgments against him.
The administrative judge ruled in favor of the applicant, concluding that the financial concerns had been sufficiently mitigated. The judge noted the applicant's proactive steps to resolve his debts, including the repayment agreements and his current financial stability, which demonstrated a commitment to addressing his financial issues. Consequently, the applicant was granted eligibility for access to classified information.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. 19-03288

grantedSep 7, 2021· Hon. Claude R. Heiny II· hearing

Summary

This case involved a 62-year-old long-haul truck driver and Navy veteran seeking a security clearance, which was ultimately granted. The primary concern, under Guideline F (Financial Considerations), stemmed from allegations of unfiled tax returns for 2015, failure to timely pay federal and state income taxes for 2005, and an unpaid federal tax lien of $27,071. These issues raised disqualifying conditions under Adjudicative Guideline (AG) paragraph 18.

However, the judge found that the applicant had successfully mitigated these financial concerns. He demonstrated substantial efforts to resolve his tax obligations, making payments exceeding $30,000 to the IRS and state tax authorities. The applicant also established and honored repayment agreements with these agencies.

The judge noted that the financial difficulties were largely attributable to circumstances beyond the applicant's control, including medical issues and a divorce. Based on these mitigating factors, specifically AG paragraphs 20(a), 20(d), and 20(g), the judge granted the applicant eligibility for access to classified information.

Why the Applicant Prevailed

The applicant made significant payments exceeding $30,000 to resolve tax debts.
He established repayment agreements with the IRS and state tax authorities and honored those agreements.
The applicant's financial issues were largely due to circumstances beyond his control, including medical issues and a divorce.

Conditions Referenced

Disqualifying

AG ¶ 18raisedFinancial Considerations

Mitigating

AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
AG ¶ 20(g)appliedArrangements with Tax Authorities
AG ¶ 20(a)appliedBehavior Occurred Under Circumstances Unlikely to Recur

Key Rule Quoted

“A security clearance adjudication is an evaluation of an individual’s judgment, reliability, and trustworthiness. It is not a debt-collection procedure.”

Procedural Posture

SOR issuedFeb 18, 2020
Answer filedMar 10, 2020
Hearing heldJun 18, 2021via DCS Video Teleconference
Decision dateSep 7, 2021

Cite For

Mitigation of Financial Issues Under Guideline F
Good-faith Efforts in Debt Repayment
Impact of Personal Circumstances on Financial Obligations

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant had financial concerns related to unpaid taxes and failure to file tax returns. However, the applicant demonstrated efforts to address these issues through repayment agreements, leading to a decision in favor of the applicant.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Failure to timely pay his Federal and state income taxes for 2005.	For Applicant	Tax Filing Failure	Unknown	—	—	—
1.b	Failure to file his Federal income tax return for tax year 2015.	For Applicant	Tax Filing Failure	Unknown	—	—	—
1.n	Unpaid Federal tax lien of $27,071. $27,071	For Applicant	Tax Unpaid	Unknown	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Payment Plan with IRS

Descriptive standardized rendering of a decided public case (Guideline F). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.