Summary
A 64-year-old independent truck driver for a DOD contractor was granted a security clearance despite concerns under Guideline F (Financial Considerations). The Statement of Reasons (SOR) detailed multiple tax liens filed by the federal government, including one in 2010 for $21,465 and another in 2007 for $16,951. Additionally, the SOR alleged outstanding tax debts for several years, totaling $60,319 for 2011, $72,480 for 2010, $64,219 for 2009, $26,703 for 2007, and $11,280 for 2006. The applicant also had a resolved charged-off credit debt of $1,980.
The judge found that the applicant's financial difficulties were largely due to circumstances beyond his control, specifically his wife's injury and subsequent inability to work. Despite these challenges, the applicant demonstrated significant efforts to resolve his financial issues, including establishing a repayment plan with the IRS and resolving the credit debt.
Mitigating conditions were applied, recognizing that the financial problems were not caused by irresponsible spending and that the applicant made good faith efforts to resolve them. The applicant had also maintained a security clearance since 2001 without any violations. Based on these factors, the security clearance was granted.
Why the applicant prevailed
- The applicant's financial difficulties were primarily due to circumstances beyond his control, specifically his wife's injury.
- He demonstrated a good faith effort to resolve his debts, including establishing a repayment plan with the IRS.
- The applicant has maintained a security clearance since 2001 without any violations.
Conditions referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- F.1.graisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- F.2.bappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- F.2.cnotedThe 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
- F.2.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJul 29, 2014
- Answer filedAug 12, 2014
- Hearing heldFeb 11, 2015Applicant waived the right to 15 days notice.
- Decision dateApr 3, 2015
Cite for
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Good Faith Efforts to Resolve Tax Debts
- Whole-person Concept in Evaluating Security Clearance Eligibility