Summary
A 65-year-old heavy equipment operator was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant had a history of failing to file and pay federal and state income taxes from 2002 to 2011, resulting in five federal tax liens totaling approximately $42,400 and five state tax liens totaling approximately $3,151.
Additionally, the applicant deliberately omitted past alcohol-related offenses and his tax issues on his security clearance application. The judge found that the applicant's testimony lacked credibility and that he did not take timely action to correct these omissions or resolve his numerous unresolved tax debts.
Ultimately, the applicant failed to mitigate the security concerns related to his personal conduct and financial considerations, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant deliberately failed to disclose past alcohol offenses and tax issues on his security clearance application.
- Applicant has numerous unresolved tax debts and failed to file tax returns for multiple years.
- The applicant's testimony was not credible, and he did not take timely action to correct his omissions.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- F.19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- E.16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- F.20(a)rejectedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to Recur
- F.20(b)rejectedConditions Resulting in Financial Problems Were Largely Beyond the Person's Control
- F.20(c)rejectedReceived Counseling for the Problem And/or Indications That the Problem Is Being Resolved
- F.20(d)rejectedInitiated a Good-faith Effort to Repay Overdue Creditors
- F.20(e)rejectedReasonable Basis to Dispute the Legitimacy of the Past-due Debt
- E.17(a)rejectedPrompt, Good-faith Efforts to Correct the Omission
- E.17(c)rejectedOffense Is Minor or Unlikely to Recur
- E.17(d)rejectedAcknowledged Behavior and Obtained Counseling
- E.17(e)rejectedTaken Positive Steps to Reduce Vulnerability to Exploitation
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedMar 19, 2013
- Answer filedApr 30, 2013
- Hearing heldJul 10, 2013via video teleconference
- Decision dateJul 23, 2013
Cite For
- Failure to Disclose Past Alcohol Offenses Under Guideline E
- Failure to File and Pay Taxes Under Guideline F
- Credibility Issues Impacting Security Clearance Eligibility