Summary
A 51-year-old former Navy service member was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons alleged that the applicant failed to timely file Federal income tax returns for 2011 and 2013, raising Disqualifying Condition F.19.g.
However, the applicant successfully mitigated these concerns. He filed both overdue tax returns before the Statement of Reasons was issued. The administrative judge found that the circumstances contributing to the late filings were largely beyond the applicant's control, stemming from marital issues and difficulties in obtaining tax identification numbers for dependents.
Mitigating Conditions F.20.a, F.20.b, F.20.c, and F.20.d were applied. The decision to grant the clearance was further supported by the applicant's 30 years of honorable military service and his forthrightness in disclosing the financial issues. No additional derogatory information was found.
Why the Applicant Prevailed
- The applicant filed his overdue tax returns for 2011 and 2013 before the SOR was issued.
- The circumstances leading to the late filings were largely beyond the applicant's control, related to marital issues and obtaining tax identification numbers for dependents.
- The applicant's 30 years of honorable military service and forthrightness in disclosing financial issues contributed to the decision.
Conditions Referenced
- F.19.graisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- F.20.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20.bappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- F.20.cappliedThe 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
- F.20.drejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsInsufficient evidence to assess good-faith efforts to resolve the matters.
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 issuedMay 4, 2016
- Answer filedJun 3, 2016Applicant requested a decision on the written record.
- Hearing held—No hearing; decision made on the written record.
- Decision dateJun 7, 2017
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Circumstances Beyond the Applicant's Control
- Consideration of Honorable Military Service in Security Clearance Decisions
- The Importance of Timely Filing Tax Returns in Security Clearance Evaluations