Summary
The applicant, a 59-year-old defense contractor employee, faced security concerns under Guidelines E and F due to a history of significant tax debts and falsification of information on his security clearance application. The judge found that the applicant's financial issues were recent and intentional, and his false statements were material and deliberate, leading to the denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant falsified material facts on a Security Clearance Application (SCA) he executed in April 2004 when, (1) in response to Question 36, he denied having any tax liens filed against his property during the previous seven years (2.a). Applicant falsified material facts on a Security Clearance Application (SCA) he executed in April 2004 when, (2) in response to Question 38, he denied he had been over 180 days delinquent on any debt during the previous seven years (2.b). Applicant falsified material facts on a Security Clearance Application (SCA) he executed in April 2004 when, (3) in response to Question 39, he denied he was then over 90 days delinquent on any debt (2.c). Applicant admits he was indebted to the IRS for back taxes, penalties, and interest in the following amounts for the following years: 1987: $2,351.00; 1988: $3,248.00; 1994: $5,558.00; 1995: $15,862.00; 1996: $13,030.00; 1997: $17,463.00; 1998: $6,350.00; 1999: $8,714.00; 2000: $18,940.00; 2001: $6,909.00; 2002: $1,025.00; 2003: $2,193.00 (1.a). Applicant was indebted to a health care provider in the amount of $1,398.00. The debt was sent to a collection agency. In his response to the SOR, applicant stated he thought the debt was taken care of because the medical services provided were for a work-related injury covered by workers compensation law (1.s).
The judge denied the clearance. The government raised disqualifying conditions F.1.a, F.1.c, E.2.a. The decision turned on the following: The applicant has a long history of not paying federal and state income taxes, indicating a lack of financial responsibility; The applicant intentionally provided false information on his security clearance application regarding tax liens and delinquent debts; The applicant failed to provide credible evidence of efforts to resolve his outstanding tax debts.
Why the Applicant Was Denied
- The applicant has a long history of not paying federal and state income taxes, indicating a lack of financial responsibility.
- The applicant intentionally provided false information on his security clearance application regarding tax liens and delinquent debts.
- The applicant failed to provide credible evidence of efforts to resolve his outstanding tax debts.
Conditions Referenced
- F.1.aappliedInability or Unwillingness to Satisfy Debts
- F.1.cappliedA History of Not Meeting Financial Obligations
- E.2.aappliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
Key Rule Quoted
“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedJul 27, 2007
- Answer filedSep 10, 2007
- Hearing held—Applicant appeared pro se.
- Decision dateFeb 7, 2008
Cite For
- Denial Based on Financial Irresponsibility Under Guideline F
- Material Falsification of Information on Security Clearance Applications Under Guideline E
- Failure to Provide Credible Evidence of Debt Resolution Efforts