Summary
A 61-year-old male applicant was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The Statement of Reasons detailed several financial issues, including failure to timely file federal and state income tax returns for tax years 2015, 2016, and 2019. He also owed delinquent federal taxes of $492.52 for 2013 and $1,498 for 2015, and delinquent state taxes totaling $727 for 2013, $1,491 for 2015, and $548 for 2018 and 2019. Additionally, he had three consumer debts: one account in collections for $5,356, and two charged-off accounts for $2,674 and $3,085.
Regarding criminal conduct, the applicant had two domestic violence arrests. The first occurred in April 1993, resulting in a charge of injury to a spouse or cohabitant. The second, more recent arrest was in August 2020, with charges of infliction of corporal injury to a spouse or cohabitant.
The applicant admitted to the tax-related allegations but denied the consumer debt allegations. The judge found that the applicant failed to mitigate the security concerns stemming from his unresolved financial issues and the recent domestic violence charges, leading to the denial of his security clearance application.
Why the Applicant Was Denied
- The applicant had a problematic financial history, including failure to timely file tax returns and unresolved debts.
- The applicant's recent domestic violence charges raised significant security concerns regarding his judgment and reliability.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- 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 ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's recent domestic violence incident was not infrequent and raised ongoing concerns.
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant did not provide sufficient evidence that his financial issues were beyond his control.
- AG ¶ 20(d)rejectedInitiated and Is Adhering to a Good-faith Effort to Repay Overdue CreditorsThe applicant's efforts to resolve debts appeared to be reactive rather than proactive.
- AG ¶ 20(g)rejectedMade Arrangements with the Appropriate Tax Authority to File or Pay the Amount OwedThe applicant failed to adequately document his payment arrangements.
Key Rule Quoted
“No one has a right to a security clearance.”
Procedural Posture
- SOR issuedNov 15, 2021
- Answer filedDec 2, 2021
- Hearing held—Decision based on written record.
- Decision dateAug 24, 2022
Cite For
- Denial Based on Unresolved Financial Issues Under Guideline F
- Denial Due to Recent Domestic Violence Charges Under Guideline J
- Failure to Mitigate Security Concerns Related to Financial Irresponsibility and Criminal Conduct