Summary
The applicant, a 42-year-old senior information systems security engineer, faced security clearance denial under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to significant delinquent debts, including federal and state tax liabilities, and failure to file tax returns for several years. The judge found that the applicant's financial irresponsibility raised concerns about his reliability and trustworthiness, ultimately leading to the denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant admits that he was charged with driving while intoxicated in March 2007 (2.a). Applicant admits he was charged with driving with a revoked or suspended license in July 2009 (2.b). Applicant did not list these convictions on the security clearance application he completed on January 3, 2012 (2.c). Applicant admits that in May 2012, he was again charged and convicted of driving without a license (2.d). Applicant also admitted that when questioned by a security investigator in September 2012 concerning whether he had been involved with police since the 2007 driving while intoxicated offense he responded that he had not (2.e). a federal tax lien for $16,623 (1.a). a past-due mortgage for $13,885 (1.b). a federal tax debt for tax year 2010 of $24,723 (1.c). a state tax debt for tax year 2010 of $4,060 (1.d). a state tax lien for $692 (1.f). a debt of $825 for unpaid city traffic violations (1.g).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant has a history of significant delinquent debts, including federal and state tax liabilities; The applicant failed to file tax returns for multiple years, raising concerns about his financial responsibility; The applicant's financial conduct was deemed irresponsible and likely to recur, undermining trustworthiness.
Why the Applicant Was Denied
- The applicant has a history of significant delinquent debts, including federal and state tax liabilities.
- The applicant failed to file tax returns for multiple years, raising concerns about his financial responsibility.
- The applicant's financial conduct was deemed irresponsible and likely to recur, undermining trustworthiness.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's financial issues were recent and ongoing.
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problems Were Largely Beyond the Person’s ControlThe applicant's financial issues were within his control.
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the ProblemThe applicant did not seek financial counseling.
- AG ¶ 20(d)rejectedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve DebtsThe applicant's efforts to address debts were deemed insufficient and not timely.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 27, 2012
- Answer filedOct 12, 2012
- Hearing heldFeb 5, 2013
- Decision dateMar 20, 2013
Cite For
- Denial of Security Clearance Due to Financial Irresponsibility Under Guideline F
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Importance of Timely Tax Filing and Debt Management in Security Clearance Evaluations