Summary
The applicant, a 52-year-old former military officer, faced security concerns under Guideline E (personal conduct) and Guideline F (financial considerations) due to unresolved debts and failure to timely file tax returns. The judge found that the applicant failed to mitigate the financial concerns and denied eligibility for a security clearance, despite refuting some personal conduct allegations.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant denied owing the debt in SOR ¶ 1.a ($4,930-charged off). The credit card debt became delinquent in approximately 2013 (1.a). The debts in SOR ¶ 1.b ($2,120) are charged-off credit card accounts that became delinquent in approximately 2014 (1.b). The debt in SOR ¶ 1.c ($2,075) is a charged-off account that was incurred in 2014 (1.c). The debts in SOR ¶ 1.d ($1,922) are charged-off credit card accounts that became delinquent in approximately 2015 (1.d). The debt in SOR ¶ 1.e ($1,250) is a cell phone debt that became delinquent in 2014 (1.e). Applicant denied the debt in SOR ¶ 1.f ($1,250) owed to a different cell phone carrier because he had made arrangements and paid the debt (1.f). Applicant admitted that he failed to timely file his 2009, 2010, and 2011 federal income tax returns as alleged in SOR ¶ 1.g (1.g). Applicant admitted he filed late state returns for tax years 2009, 2010, and 2011 as alleged in SOR ¶ 1.h (1.h).
The judge denied the clearance. The government raised disqualifying conditions F1, F2, F6. The decision turned on the following: The applicant has unresolved delinquent debts dating back to 2013; The applicant failed to timely file federal and state income tax returns for 2009, 2010, and 2011, which raised concerns about his reliability and judgment; The applicant did not provide sufficient evidence to demonstrate responsible behavior regarding his financial issues.
Why the Applicant Was Denied
- The applicant has unresolved delinquent debts dating back to 2013.
- The applicant failed to timely file federal and state income tax returns for 2009, 2010, and 2011, which raised concerns about his reliability and judgment.
- The applicant did not provide sufficient evidence to demonstrate responsible behavior regarding his financial issues.
Conditions Referenced
- F1raisedInability to Satisfy Debts
- F2raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- F6raisedFailure 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
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 issuedDec 9, 2016
- Answer filedFeb 3, 2017
- Hearing heldSep 20, 2017Rescheduled multiple times due to applicant's illness.
- Decision dateNov 2, 2017
Cite For
- Failure to Mitigate Financial Concerns Under Guideline F
- Impact of Unresolved Debts on Security Clearance Eligibility
- Importance of Timely Filing Tax Returns in Security Clearance Evaluations