Summary
A 50-year-old former Marine Corps member was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant admitted to failing to timely file federal and state income tax returns for four consecutive years, from 2010 through 2013, only filing them in 2014. This non-filing was not disclosed in Section 26 of her security clearance application, and she failed to acknowledge its relevance to her trustworthiness.
The judge found that the applicant's conduct involved questionable judgment and a lack of candor. While the applicant had a long employment history and favorable references, her explanations for the non-filing were not persuasive. She acknowledged her tax obligations when completing the application, yet did not provide sufficient evidence of a payment plan with the IRS or demonstrate that her financial issues were resolved.
Ultimately, the judge determined that the applicant did not sufficiently mitigate the security concerns related to her personal conduct and financial considerations, leading to the denial of her security clearance.
Why the Applicant Was Denied
- The applicant failed to timely file federal and state income tax returns for 2010 through 2013, raising questions about her reliability and trustworthiness.
- The applicant's explanations for the failure to file were not persuasive, as she acknowledged the obligation to file taxes when completing her security clearance application.
- The applicant did not provide sufficient evidence of a payment plan with the IRS or demonstrate that her financial issues were resolved.
Conditions Referenced
- FC DC AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- FC DC AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- FC DC AG ¶ 19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- PC DC AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- PC DC AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- FC MC AG ¶ 20(b)appliedConditions That Resulted in the Behavior Were Largely Beyond the Person’s ControlThe applicant experienced difficulties due to her husband's business issues and loss of an accountant.
- FC MC AG ¶ 20(d)appliedInitiated a Good-faith Effort to Repay Overdue CreditorsThe applicant took steps to arrange payments with the IRS.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedAug 8, 2014
- Answer filed—
- Hearing heldJan 9, 2015Record held open until 02/05/2015 for additional submissions.
- Decision dateFeb 20, 2015
Cite For
- Failure to Timely File Taxes as a Disqualifying Condition Under Guideline F
- Lack of Candor in Security Clearance Application Under Guideline E
- Consideration of Mitigating Factors in Financial Issues and Personal Conduct