Summary
A 51-year-old former military member was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The Statement of Reasons alleged aggravated child molestation charges from June 2013, failure to file federal income tax returns for 2009, 2011, and 2013, two delinquent debts totaling approximately $25,760 since 2011, and deliberate falsification on his January 2015 security clearance application regarding these debts.
The judge determined that the government did not establish security concerns under Guideline D (Sexual Behavior) or Guideline J (Criminal Conduct). However, the applicant failed to mitigate concerns related to Guideline F (Financial Considerations) and Guideline E (Personal Conduct).
Specifically, the denial was based on the applicant's failure to file federal income tax returns for multiple years, the existence of two delinquent debts totaling approximately $25,760 since 2011, and the deliberate omission of these delinquent debts on his security clearance application.
Why the Applicant Was Denied
- The applicant failed to file federal income tax returns for multiple years.
- The applicant had two delinquent debts totaling approximately $25,760 since 2011.
- The applicant deliberately omitted his delinquent debts on his security clearance application.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant did not provide evidence that the financial issues were unlikely to recur.
- AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlThe applicant's circumstances did not prevent timely filing of tax returns.
- AG ¶ 20(c)rejectedThe Individual Has Received or Is Receiving Counseling for the ProblemThe applicant did not seek credit counseling.
- AG ¶ 20(d)rejectedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue CreditorsThe applicant provided no evidence of debt-resolution efforts.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 9, 2016
- Answer filedJul 13, 2016Applicant elected a decision on the written record.
- Hearing held—No hearing; decision made on the written record.
- Decision dateOct 13, 2017
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Deliberate Falsification of Information on Security Clearance Application Under Guideline E
- Government's Burden of Proof in Establishing Security Concerns Under Guideline J