Summary
A 29-year-old contracts representative was denied a security clearance due to significant financial issues and a history of criminal conduct. The denial was based on Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct).
The applicant failed to timely file federal and state income tax returns for tax years 2007 through 2011, owing over $30,000 in unpaid taxes. He also had 17 delinquent debts, including a judgment, totaling more than $43,000, with five student loans exceeding $22,000 in default since 2007. The applicant provided no documentation of repayment agreements, credit counseling, or good-faith efforts to resolve his debts, nor did he demonstrate that his financial problems were under control.
Additionally, between 2005 and 2011, the applicant was charged and convicted of numerous motor vehicle-related crimes, including two convictions for driving under the influence of alcohol and four for driving with a suspended or no license. He was also found guilty of probation violation, placed on probation three times, and sentenced to incarceration on three occasions, including a two-year jail sentence with all but 51 days suspended. The judge found that the applicant failed to mitigate concerns related to financial considerations, criminal conduct, and personal conduct, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to file federal and state income tax returns for tax years 2007 through 2011.
- He owes more than $30,000 in unpaid taxes and has multiple delinquent debts totaling over $43,000.
- The applicant has a history of criminal conduct, including multiple convictions for driving offenses and probation violations.
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 ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 16(c)raisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
Key Rule Quoted
“The protection of national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 13, 2013
- Answer filedJan 8, 2014Applicant elected to proceed without a hearing.
- Hearing held—No hearing; decision made based on written record.
- Decision dateMay 15, 2014
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J
- Personal Conduct Concerns Related to Reliability and Trustworthiness Under Guideline E