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ISCR Case 22-00183 — CASE

Case record

ISCR Case 22-00183

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

Case Profile
Decision Date6/2/2022
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: Alison P. O'Connell
Case Summary
The applicant in this case was a 21-year-old employee of a defense contractor who applied for a security clearance. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing security concerns under Guideline F (Financial Considerations), specifically alleging that the applicant failed to timely file his federal income tax return for the tax year 2019. The SOR indicated that this failure raised questions about the applicant's reliability and trustworthiness.
In his response to the SOR, the applicant admitted to the failure to file but explained that it was due to a miscommunication with his parents, who had previously handled his tax filings. He accepted full responsibility for the oversight and stated that he was actively working to resolve the issue with the IRS. The applicant also noted that he had consistently filed his taxes in previous years and maintained good financial habits, including timely bill payments and a strong credit rating.
The administrative judge ruled in favor of the applicant, concluding that he successfully mitigated the security concerns related to his financial situation. The judge found that the applicant's failure to file was an isolated incident, largely beyond his control, and that he had taken responsible steps to rectify the situation. The judge determined that granting the applicant eligibility for a security clearance was consistent with the national interest.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
- Guideline FFinancial Considerations · Against Applicant
Similar decisions
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Case Headnote

ISCR Case No. 22-00183

grantedJun 2, 2022· Hon. Robert Robinson Gales· hearing

Summary

A 21-year-old defense contractor employee was granted a security clearance despite concerns under Guideline F (Financial Considerations). The Statement of Reasons alleged that the applicant failed to timely file his federal income tax return for the 2019 tax year, raising a disqualifying condition under Adjudicative Guideline (AG) ¶ 19(f).

However, the administrative judge applied several mitigating conditions, including AG ¶ 20(a), AG ¶ 20(b), and AG ¶ 20(g). The applicant accepted full responsibility for the oversight, which was determined to be an isolated incident stemming from a miscommunication with his parents and was not repeated.

The judge noted the applicant's age, the singular nature of the incident, and his proactive efforts to resolve the tax issue. These factors, combined with a generally good financial history, demonstrated the applicant's reliability and trustworthiness, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant accepted full responsibility for the failure to file his tax return.
The failure to file was due to a miscommunication with his parents and was isolated, not repeated.
The applicant demonstrated proactive efforts to resolve the tax issue and has a good financial history.

Conditions Referenced

Disqualifying

AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns

Mitigating

AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
AG ¶ 20(g)appliedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount Owed and Is in Compliance with Those Arrangements

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedFeb 11, 2022
Answer filedFeb 14, 2022Elected to have case decided on written record.
Hearing held—N/A, case decided on written record.
Decision dateJun 2, 2022

Cite For

Mitigation of Financial Issues Under Guideline F Due to Age and Isolated Incidents
Importance of Proactive Resolution of Tax Issues
Whole-person Concept in Evaluating Security Clearance Eligibility

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: Decision on RecordDecided: granted

The judge found that the applicant failed to timely file his federal income tax return for the tax year 2019. However, the applicant successfully mitigated the financial concerns by accepting responsibility for the issue and demonstrating a commitment to resolving it, leading to a decision to grant the security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant failed to timely file his federal income tax return for the tax year 2019.	For Applicant	Tax Filing Failure	Admitted	—	(g) arrangements made with the tax authority; in compliance	Claimed Acknowledgment and Remorse Claimed Other

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.