Summary
A 47-year-old systems administrator was granted eligibility for access to classified information despite initial security concerns under Guideline F (Financial Considerations). The Statement of Reasons cited a Chapter 7 bankruptcy filed in 2015, failure to file federal tax returns from 2013 through 2017, a $7,832 debt to the federal government for tax year 2011, and a $34,910 federal tax lien from 2013. These issues raised disqualifying conditions under AG ¶ 19(a), AG ¶ 19(c), and AG ¶ 19(f).
However, the judge applied mitigating conditions under AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), and AG ¶ 20(g). It was determined that the applicant's financial difficulties stemmed from circumstances largely beyond his control, specifically becoming the sole provider for an expanded household.
The applicant demonstrated proactive efforts to resolve these issues, including filing for Chapter 7 bankruptcy and engaging in financial counseling. He currently has no delinquent accounts and manages his finances responsibly, living within his means. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant's financial difficulties arose from circumstances largely beyond his control, including becoming the sole provider for a larger household.
- He took proactive steps to resolve his financial issues, including filing for Chapter 7 bankruptcy and participating in financial counseling.
- The applicant has no current or recent delinquent accounts and lives within his means.
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 Annual Federal, State, or Local Income Tax Returns
- AG ¶ 20(a)appliedBehavior Happened so Long Ago or Occurred Under Circumstances Unlikely to Recur
- AG ¶ 20(b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
- AG ¶ 20(c)appliedReceived Financial Counseling From a Legitimate Source
- AG ¶ 20(d)appliedInitiated and Adhered to a Good-faith Effort to Repay Overdue Creditors
- AG ¶ 20(g)appliedMade Arrangements with Tax Authority and Is in Compliance
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant’s meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedMar 8, 2019
- Answer filedApr 3, 2019
- Hearing heldJun 26, 2019
- Decision dateSep 17, 2019
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Proactive Steps Taken to Resolve Financial Issues
- Impact of Personal Circumstances on Financial Stability