Summary
The applicant, a 60-year-old calibration manager employed by a defense contractor since 1992, faced security concerns under Guideline F due to multiple financial issues, including failure to file tax returns and outstanding debts. The applicant successfully mitigated these concerns by demonstrating responsible actions taken to resolve his financial problems, including refiling tax returns and satisfying tax liens, leading to a decision granting eligibility for access to classified information.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: failure to file federal income tax return for 2008 (1.a). failure to file state income tax return for 2008 (1.b). garnished wages in 2008 in the amount of approximately $12,000 (1.c). state tax liens for the same state filed in February 2014 for $4,001 (1.d). state tax liens for the same state filed in February 2014 for $4,432 (1.e). state tax liens for the same state filed in February 2014 for $4,371 (1.f). state tax liens for the same state filed in February 2014 for $7,071 (1.g). two medical accounts in collection for $33 (1.h). two medical accounts in collection for $765 (1.i). a telephone debt in collection for $123 (1.j). a judgment on a medical account for $738 (1.k).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(g). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(c). The decision turned on the following: The applicant provided evidence of resolving all federal and state tax issues, including tax liens; The applicant demonstrated good-faith efforts to address remaining small debts, showing responsible financial management; The applicant's financial problems were under control, indicating reliability and trustworthiness.
Why the applicant prevailed
- The applicant provided evidence of resolving all federal and state tax issues, including tax liens.
- The applicant demonstrated good-faith efforts to address remaining small debts, showing responsible financial management.
- The applicant's financial problems were under control, indicating reliability and trustworthiness.
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 ¶ 20(b)appliedConditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
- 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
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedNov 27, 2015
- Answer filedDec 29, 2015
- Hearing held—Applicant elected to have the matter decided on the written record.
- Decision dateJun 28, 2016
Cite for
- Mitigation of Financial Issues Under Guideline F
- Good-faith Efforts to Resolve Debts
- Whole-person Concept in Security Clearance Evaluations