Summary
A 47-year-old defense contractor employee was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and G (Alcohol Consumption). The applicant had a history of failing to file federal and state income tax returns in a timely fashion for tax years 2012 through 2016, with the 2016 return filed after his hearing. As of August 2017, he owed over $30,000 in delinquent taxes for tax years 2010, 2011, 2012, and 2014, and provided no documentation for claimed monthly payments to the IRS.
Regarding personal conduct, the applicant received a written reprimand in July 2008 for an incident he did not recall. In March 2014, he received a second written reprimand and a two-day suspension for sexual harassment, an allegation he denied.
Under alcohol consumption, the applicant began drinking at age 21 and reported consuming multiple beers in a sitting. He was ordered to attend alcohol counseling in 1996 after an alcohol-related incident. He had multiple DUI convictions, including in 1999 and 2014, and two reduced charges in 2005 and 2011. He had not completed a court-ordered alcohol-abuse program from his 2014 conviction and remained on probation until 2019. The judge found that the applicant failed to mitigate these concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant consistently failed to file Federal and state income tax returns in a timely manner, attributing this to laziness.
- Applicant owes over $30,000 in back taxes and has not provided evidence of addressing this issue.
- Applicant has multiple DUI convictions and has not completed court-ordered alcohol counseling, remaining on probation until 2019.
- Applicant received two written reprimands for inappropriate behavior, indicating a pattern of questionable judgment.
Conditions Referenced
- F.19.fraisedFailure 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.
- G.22.araisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence.
- E.16.draisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 2, 2016
- Answer filedFeb 21, 2017and again on April 1, 2017
- Hearing heldSep 27, 2017
- Decision dateJun 27, 2018
Cite For
- Failure to Mitigate Financial Obligations Under Guideline F
- Impact of Multiple DUI Convictions on Security Clearance Under Guideline G
- Pattern of Inappropriate Behavior Affecting Reliability Under Guideline E