Summary
A 38-year-old single man with three children was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant had eight delinquent debts, totaling approximately $5,900, which included child support, two medical bills, an unemployment compensation insurance judgment, two phone bills, a music club bill, and a credit card debt. Additionally, he failed to file his 2012 state and federal income tax returns.
The Statement of Reasons specifically cited these financial delinquencies and the unfiled tax returns as disqualifying conditions. While several mitigating conditions were considered, the judge ultimately found that the applicant had not provided sufficient evidence to resolve his outstanding debts or file his tax returns.
The decision concluded that the applicant's financial problems were not adequately mitigated by circumstances beyond his control, leading to the denial of his eligibility for access to sensitive information.
Why the Applicant Was Denied
- Applicant has eight delinquent debts totaling approximately $5,900 and failed to file his 2012 state and federal income tax returns.
- Applicant did not provide evidence of resolving his outstanding debts or filing his tax returns.
- The applicant's financial problems were not sufficiently mitigated by circumstances beyond his control.
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 or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlApplicant's financial problems were caused by a lengthy unemployment between 2007 and 2009.
- AG ¶ 20(a)rejectedBehavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(c)rejectedReceived or Is Receiving Financial Counseling
- AG ¶ 20(d)rejectedInitiated a Good-faith Effort to Repay Overdue Creditors
- AG ¶ 20(g)rejectedMade Arrangements with the Appropriate Tax Authority
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 10, 2016
- Answer filedSep 8, 2016
- Hearing heldJun 29, 2017
- Decision dateJan 31, 2018
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Impact of Failure to File Tax Returns on Security Clearance Eligibility
- Consideration of the Whole-person Concept in Security Clearance Decisions