Summary
The applicant, a 48-year-old former Air Force technical sergeant, faced security clearance denial under Guideline F due to unresolved financial issues, including eight delinquent accounts and failure to file federal income tax returns for 2008 and 2009. Despite acknowledging his financial difficulties and planning to file for Chapter 13 bankruptcy, the judge found insufficient evidence to mitigate security concerns, leading to a denial of the security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: a $26 utility account placed for collection (1.a). a $72 utility account placed for collection (1.b). a $54 medical account placed for collection (1.c). a $12,051 credit card account placed for collection (1.d). a $11,535 credit card account that was charged off (1.e). a past-due second mortgage loan with a balance $79,583 (1.f). a $10,497 credit card account that was charged off (1.g). a $365 charged-off account (1.h). failure to file federal income tax returns for tax years 2008 and 2009 (1.i).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b). The decision turned on the following: The applicant has a history of financial problems, including eight delinquent accounts; He failed to file federal income tax returns for 2008, 2009, and 2010, indicating a lack of financial responsibility; The applicant's financial issues remain unresolved, raising doubts about his judgment and reliability.
Why the Applicant Was Denied
- The applicant has a history of financial problems, including eight delinquent accounts.
- He failed to file federal income tax returns for 2008, 2009, and 2010, indicating a lack of financial responsibility.
- The applicant's financial issues remain unresolved, raising doubts about his judgment and reliability.
Conditions Referenced
- AG ¶ 19(a)appliedFinancial Considerations
- AG ¶ 19(c)appliedFinancial Considerations
- AG ¶ 20(b)rejectedFinancial ConsiderationsThe applicant's financial problems were largely beyond his control, but this was insufficient to mitigate security concerns.
Key Rule Quoted
“It is well-established law that no one has a right to a security clearance.”
Procedural Posture
- SOR issuedDec 23, 2010
- Answer filedJan 5, 2011
- Hearing heldAug 3, 2011
- Decision dateNov 28, 2011
Cite For
- Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
- Impact of Failure to File Tax Returns on Security Clearance Eligibility
- Insufficient Evidence of Mitigation in Financial Considerations Cases