Summary
The applicant, a 57-year-old construction superintendent, faced security concerns under Guideline F (Financial Considerations) due to a history of financial issues, including a federal tax lien and several disputed medical debts. The judge found that the applicant had resolved significant tax issues, was current on child support, and had taken responsible actions regarding his debts, ultimately granting his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Federal Tax Lien for $141,000 (1.a). Medical $45 (1.b). Medical $57 (1.c). Satellite TV $311 (1.d). Cell phone $1,453 (1.e). Furniture $4,435 (1.f). Gas credit card $85 (1.g). Medical $507 (1.h). Medical $1,963 (1.i). Medical $220 (1.j). Collection $311 (1.k).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(g). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant resolved his federal tax lien and was current on child support payments; He successfully disputed several debts, demonstrating responsible financial behavior; The applicant's financial situation was under control, with a substantial net monthly remainder.
Why the Applicant Prevailed
- The applicant resolved his federal tax lien and was current on child support payments.
- He successfully disputed several debts, demonstrating responsible financial behavior.
- The applicant's financial situation was under control, with a substantial net monthly remainder.
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(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedThe 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
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedOct 7, 2008
- Answer filedNov 3, 2008
- Hearing heldJan 13, 2009rescheduled from January 14, 2009
- Decision dateFeb 13, 2009
Cite For
- Mitigation of Financial Issues Under Guideline F
- Resolution of Tax Liens and Debts as a Factor in Security Clearance Eligibility
- Consideration of the Whole Person Concept in Clearance Decisions