Summary
A 32-year-old former military member was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). The foreign influence concerns stemmed from his prior cohabitation with his ex-wife, a Japanese citizen and U.S. resident, and her family and friends, who are Japanese citizens and residents. However, these concerns were mitigated as he no longer cohabitates with his ex-wife and has had minimal contact with her since May 2016, and no contact with her family and friends since approximately 2008.
The applicant failed to mitigate the financial concerns. He did not timely file federal and state income tax returns for the years 2011 through 2014 and was indebted to the federal government for delinquent taxes for at least tax years 2012 and 2013. Additionally, he failed to pay a collection account.
The denial was based on his failure to file and pay taxes for multiple years, which raised doubts about his reliability, judgment, and trustworthiness.
Why the Applicant Was Denied
- Applicant failed to timely file federal and state income tax returns from 2011 to 2014.
- Applicant has not paid taxes owed for multiple years, raising concerns about his reliability and judgment.
- Despite being aware of his tax obligations, Applicant did not comply with them, leading to doubts about his trustworthiness.
Conditions Referenced
- F.1.aappliedInability to Satisfy Debts
- F.1.bappliedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- F.1.cappliedA History of Not Meeting Financial Obligations
- F.1.fappliedFailure 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
- B.2.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- B.2.brejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- B.2.crejectedThe Individual Has Received or Is Receiving Counseling for the Problem From a Legitimate and Credible Source
- B.2.drejectedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- B.2.grejectedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount Owed and Is Compliance with Those Arrangements
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 issuedOct 17, 2016
- Answer filedNov 14, 2016
- Hearing heldJun 6, 2017record held open until June 20, 2017
- Decision dateJul 6, 2017
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Minimal Foreign Influence Concerns Under Guideline B
- Importance of Timely Filing Tax Returns for Security Clearance Eligibility