Summary
A 47-year-old male with an electrical engineering and public administration background was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons cited his filing of Chapter 7 bankruptcy in September 2019, discharged in December 2019, and his failure to file federal income tax returns for 2012 through 2014, and state income tax returns for 2012 and 2013.
Additionally, personal conduct issues were raised, including providing at least three contractors with his username and password to an invoice processing platform (IPP) while employed by AGA 1, improperly using a contractor's services for personal responsibilities, and falsifying material facts during a DOD investigator interview regarding IPP credential sharing. These actions were alleged to have created a vulnerability to exploitation.
The applicant successfully mitigated these concerns. He demonstrated responsible financial management post-bankruptcy, including timely filing of tax returns and maintaining current debts. He provided credible testimony regarding past financial difficulties, showing evidence of rehabilitation and intent to comply with security protocols. His financial situation was under control, with no delinquent debts and a stable income, leading to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant demonstrated responsible financial management post-bankruptcy, including timely filing of tax returns and maintaining current debts.
- He provided credible testimony regarding his past financial difficulties and showed evidence of rehabilitation and intent to comply with security protocols in the future.
- The applicant's financial situation was under control, with no delinquent debts and a stable income.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns
- AG ¶ 16(b)rejectedDeliberately Providing False or Misleading Information
- AG ¶ 16(c)rejectedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)rejectedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 20(a)appliedBehavior Happened so Long Ago or Was Infrequent
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedReceived Financial Counseling
- AG ¶ 20(d)appliedInitiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors
- AG ¶ 20(g)appliedMade Arrangements with the Appropriate Tax Authority
- AG ¶ 17(c)appliedOffense Is so Minor or so Much Time Has Passed
- AG ¶ 17(d)appliedAcknowledged the Behavior and Obtained Counseling
- AG ¶ 17(e)appliedTaken Positive Steps to Reduce Vulnerability to Exploitation
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 2, 2021
- Answer filedMay 4, 2021
- Hearing heldOct 5, 2022rescheduled due to applicant's conflict
- Decision dateFeb 22, 2023
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Mitigation of Personal Conduct Concerns Under Guideline E
- Whole-person Assessment in Security Clearance Determinations