Summary
The applicant, a 54-year-old customer service clerk, faced trustworthiness concerns under Guidelines E, F, G, and H due to a history of financial issues, excessive alcohol consumption, and drug involvement. Despite some mitigating factors, the applicant's failure to file tax returns and unresolved debts led to the denial of eligibility for a public trust position.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: In 1981, Applicant was convicted of disturbing the peace (1.a). Applicant did not file his state and federal tax returns for tax years 2013 and 2014 (4.a). collection debt for $811 (4.d). collection debt for $581 (4.e). telecommunications-collection debt for $478 (4.f). collection debt for $250 (4.g). medical debt for $1,759 (4.h). medical debt for $743 (4.i). medical debt for $477 (4.j). medical debt for $222 (4.k). medical debt for $143 (4.l). charged-off bank debt for $707 (4.m). collection debt for $949 (4.n). publishing company collection debt for $176 (4.o). telecommunications-collection debt for $148 (4.p). library-collections debt for $110 (4.q). The applicant has a history of alcohol-related incidents, including multiple DUI convictions (2.a). Applicant used and possessed marijuana from June 2009 to October 2012 (3.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(g). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant failed to file state and federal tax returns for multiple years; The applicant has unresolved debts and did not provide evidence of repayment efforts; The applicant's history of excessive alcohol consumption and drug involvement raised trustworthiness concerns.
Why the Applicant Was Denied
- The applicant failed to file state and federal tax returns for multiple years.
- The applicant has unresolved debts and did not provide evidence of repayment efforts.
- The applicant's history of excessive alcohol consumption and drug involvement raised trustworthiness concerns.
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 as Required
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlWhile the applicant faced circumstances beyond his control, they did not sufficiently mitigate the financial concerns.
- AG ¶ 20(d)rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant did not provide evidence of a good-faith effort to resolve debts.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to [sensitive] information will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedJun 7, 2016
- Answer filedJul 8, 2016
- Hearing heldJan 18, 2017
- Decision dateApr 27, 2017
Cite For
- Failure to File Tax Returns as a Disqualifying Condition Under Guideline F
- Trustworthiness Concerns Related to Financial Issues Under Guideline F
- Rejection of Mitigating Conditions Due to Lack of Evidence of Resolution Efforts