Summary
A 57-year-old military retiree with a history of security clearance was denied a new clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant faced allegations of failing to disclose a federal tax lien in his e-QIP and during an interview, and falsely claiming he was unaware of the lien until February 2017. Additionally, he was indebted to the Federal Government for a tax lien from 2011, totaling approximately $21,850 for tax years 2007, 2008, and 2009.
Further financial concerns included denying federal income tax obligations for 2010 ($7,335) and 2011 ($8,239), despite allegations to the contrary, and failing to file a federal income tax return for 2013. Disqualifying conditions F.3 and E.2 were raised, while mitigating conditions F.2 and E.2 were considered.
The denial was based on the applicant's failure to provide documentation supporting claims of tax payments and agreements with the IRS. His testimony regarding awareness of tax liens was found inconsistent and lacked credibility. Ultimately, the judge determined the applicant did not demonstrate sufficient efforts to resolve his tax debts or comply with tax filing requirements, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to provide documentation supporting his claims of tax payments and agreements with the IRS.
- The applicant's testimony regarding his awareness of tax liens was inconsistent and lacked credibility.
- The applicant did not demonstrate sufficient efforts to resolve his tax debts or to comply with tax filing requirements.
Conditions Referenced
- F.3raisedInability or Unwillingness to Satisfy Debts
- E.2raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
- F.2rejectedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person's ControlThe applicant did not provide sufficient evidence to support claims that his financial issues were beyond his control.
- E.2rejectedThe Individual Has Taken Positive Steps to Reduce or Eliminate the Financial ProblemsThe applicant's efforts to resolve tax issues were deemed insufficient and unsubstantiated.
Key Rule Quoted
“"The security clearance decision is a determination that an individual is eligible for access to classified information, and it is based on the whole person concept."”
Procedural Posture
- SOR issuedJun 8, 2017
- Answer filedJun 29, 2017
- Hearing heldMar 20, 2018
- Decision dateMay 9, 2018
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Inconsistencies in Applicant's Testimony Regarding Tax Obligations
- Rejection of Mitigating Conditions Due to Lack of Evidence of Financial Responsibility