Summary
The applicant, a 44-year-old government contractor with an associate's degree, faced security concerns under Guideline F due to financial issues, including unpaid taxes and delinquent debts. He successfully mitigated these concerns by demonstrating a pattern of resolving his debts and filing required tax returns, leading to a decision granting him eligibility for a security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: consumer debt $1,226 (1.a). medical debts $240 (1.b). medical debts $137 (1.c). medical debts $72 (1.d). credit card debt $2,784 (1.e). federal tax debt for 2011 ($1,964) (1.f). federal tax debt for 2012 ($5,643) (1.g). unfiled federal and state tax returns for 2013 (1.h). unfiled federal and state tax returns for 2013 (1.i). medical debts $1,273 (1.j). state tax liens $358 (1.k). state tax liens $1,270 (1.l). state tax liens $342 (1.m). state tax liens $2,583 (1.n).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(g). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: Applicant resolved all non-tax debts before the SOR was issued; He filed his 2013 federal and state tax returns prior to the SOR; Applicant made good-faith efforts to repay overdue creditors and resolve debts.
Why the Applicant Prevailed
- Applicant resolved all non-tax debts before the SOR was issued.
- He filed his 2013 federal and state tax returns prior to the SOR.
- Applicant made good-faith efforts to repay overdue creditors and resolve debts.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 10, 2015
- Answer filedNov 13, 2015
- Hearing heldJun 13, 2016
- Decision dateNov 21, 2016
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Good-faith Efforts to Resolve Debts
- Impact of Timely Tax Filings on Security Clearance Eligibility