Summary
A 27-year-old defense contractor employee was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The Statement of Reasons cited allegations including deliberately providing false or misleading information, other adverse information indicating questionable judgment, and a history of financial irresponsibility. Specifically, the applicant had debts discharged in bankruptcy, failed to file state and federal tax returns, and still owed approximately $20,000 to state and federal tax authorities.
While the applicant had entered into installment agreements with tax authorities in July 2012 and received financial counseling, he had not yet established a sufficient track record of responsible fiscal behavior. Disqualifying conditions were raised under all three guidelines, though mitigating conditions were also considered.
Ultimately, the judge determined that the applicant's extensive history of criminal actions and traffic infractions, coupled with his failure to file tax returns and ongoing financial obligations, demonstrated an insufficient track record of responsible, law-abiding behavior. Despite evidence of personal growth and character references, the security clearance application was denied.
Why the Applicant Was Denied
- The applicant has an extensive history of criminal actions and traffic infractions.
- He failed to file state and federal tax returns on time and has ongoing financial obligations.
- The applicant has not established a track record of responsible law-abiding behavior.
Conditions Referenced
- E2.bappliedDeliberately Providing False or Misleading Information
- E2.dappliedCredible Adverse Information
- F2.aappliedInability or Unwillingness to Satisfy Debts
- F2.cappliedHistory of Not Meeting Financial Obligations
- F2.gappliedFailure to File Annual Federal, State, or Local Tax Returns
- J2.aappliedA Single Serious Crime or Multiple Lesser Offenses
- J2.cappliedAllegation or Admission of Criminal Conduct
- J2.eappliedViolation of Parole or Probation
- E3.arejectedPrompt, Good-faith Efforts to Correct the Omission
- F3.cappliedReceived Counseling for the Problem
- J3.arejectedSo Much Time Has Elapsed Since the Criminal Behavior
- J3.drejectedEvidence of Successful Rehabilitation
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 issuedAug 3, 2012
- Answer filedAug 22, 2012
- Hearing heldNov 20, 2012
- Decision date—
Cite For
- Evaluation of Criminal Conduct Under Guideline J
- Assessment of Financial Considerations Under Guideline F
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E