Summary
A 69-year-old defense contractor employee was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons cited a state tax lien from June 2011 for $17,863, a federal tax lien from April 2008 for $23,622, and a $48 telephone debt in collection. These issues raised disqualifying conditions under Adjudicative Guidelines Paragraphs 19(a), 19(c), and 19(f).
However, the applicant successfully mitigated these concerns by demonstrating a good-faith effort to resolve her financial issues. She established payment plans, communicated with tax authorities, and provided documentation confirming her tax debts were resolved and that she was current with her financial obligations.
The judge found that the applicant's financial issues were largely beyond her control and unlikely to recur. Mitigating conditions under Adjudicative Guidelines Paragraphs 20(a), 20(b), 20(d), and 20(g) were applied, leading to the determination that the applicant demonstrated sufficient reliability and trustworthiness. The security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve her tax debts by setting up payment plans and communicating with tax authorities.
- The applicant's financial issues were largely beyond her control and unlikely to recur.
- The applicant provided documentation showing that her tax debts were resolved and that she is current with her financial obligations.
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 or Failure to Pay Annual Federal, State, or Local Income Tax as Required
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control and the Individual Acted Responsibly Under the Circumstances
- AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(g)appliedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount and Is in Compliance with Those Arrangements
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 5, 2016
- Answer filedNov 14, 2016
- Hearing held—Case decided on written record.
- Decision dateOct 20, 2017
Cite For
- Mitigation of Financial Security Concerns Under Guideline F
- Good-faith Efforts to Resolve Tax Debts
- Whole-person Concept in Security Clearance Evaluations