Summary
A 28-year-old technician and former U.S. Army member was denied a security clearance based on Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The denial stemmed from his failure to file his 2020 Federal income tax return and serious domestic violence allegations.
Specifically, the applicant failed to establish that he had filed his 2020 Federal income tax return. Additionally, he was the subject of a domestic violence restraining order in 2022, which was based on credible allegations. During his security clearance hearing on May 9, 2024, the applicant refused to answer questions regarding an incident alleged to have occurred with his wife in June 2021, which included allegations of marital rape.
This refusal to cooperate with questioning significantly undermined his credibility, contributing to the unfavorable decision. The combination of unfiled taxes, the domestic violence restraining order, and his lack of candor regarding serious allegations led to the denial of his security clearance.
Why the Applicant Was Denied
- Failed to file 2020 Federal income tax return as required.
- Subject to a domestic violence restraining order based on credible allegations.
- Refused to answer questions regarding serious allegations of marital rape, impacting credibility.
Conditions Referenced
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required.
- AG ¶ 31(a)raisedA Pattern of Minor Offenses, Any One of Which on Its Own Would Be Unlikely to Affect a National Security Eligibility Decision, but Which in Combination Cast Doubt on the Individual’s Judgment, Reliability, or Trustworthiness.
- AG ¶ 31(b)raisedEvidence (including, but Not Limited To, a Credible Allegation, an Admission, and Matters of Official Record) of Criminal Conduct, Regardless of Whether the Individual Was Formally Charged, Prosecuted, or Convicted.
- AG ¶ 15(b)raisedRefusal to Provide Full, Frank, and Truthful Answers to Lawful Questions of Investigators, or Other Official Representatives in Connection with a Personnel Security or Trustworthiness Determination.
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedJan 23, 2024
- Answer filedJan 24, 2024
- Hearing heldMay 9, 2024via Microsoft Teams
- Decision dateJun 10, 2024
Cite For
- Failure to File Tax Returns Under Guideline F
- Serious Allegations of Domestic Violence Under Guideline J
- Refusal to Answer Questions Impacting Credibility Under Guideline E