Summary
A 35-year-old defense contractor and former U.S. Army specialist was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons cited his failure to file federal income tax returns for 2009 and 2010, as well as several delinquent and charged-off debts totaling $15,921. These included two collection accounts for $308 and $483, another for $195, and four charged-off accounts for $5,152, $1,449, $850, and $7,484. Additionally, he failed to report income on his 2010 federal tax return.
The applicant successfully mitigated these concerns by demonstrating a commitment to resolving his financial issues. He filed his delinquent 2009 and 2010 federal income tax returns, providing evidence of payments made towards his outstanding debts and outlining a plan to resolve the remaining balances.
The decision to grant the clearance was based on the applicant's demonstrated intent to comply with tax obligations and his responsible behavior in addressing his debts. His financial issues were attributed to circumstances deemed unlikely to recur, leading to the determination that he had successfully mitigated the initial security concerns.
Why the Applicant Prevailed
- The applicant filed his 2009 and 2010 federal income tax returns, demonstrating intent to comply with tax obligations.
- The applicant provided evidence of payments made towards delinquent debts and a plan to resolve remaining debts.
- The applicant's financial issues were attributed to circumstances unlikely to recur, and he showed responsible behavior in addressing his debts.
Conditions Referenced
- AG ¶ 19(a)appliedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
- AG ¶ 19(g)raisedFailure to File 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(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 Which Is the Cause of the Problem
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 23, 2013
- Answer filedAug 16, 2013
- Hearing heldNov 20, 2013
- Decision dateDec 9, 2013
Cite For
- Mitigation of Financial Issues Under Guideline F
- Consideration of Circumstances Beyond the Applicant's Control
- Good-faith Efforts to Resolve Debts and File Taxes