Summary
A 59-year-old mail sorter and data entry clerk was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant's financial history included a failure to file state income tax returns for State A from 2005 through 2009, and for State B from 2010 through 2012. Additionally, federal income tax returns were not filed from 2005 through 2012.
The applicant also had ten delinquent debts totaling $45,336, two State A tax liens totaling $7,811, and two medical debts totaling $1,209. These issues raised disqualifying conditions related to a history of not meeting financial obligations and an inability or unwillingness to satisfy debts.
Despite the application of mitigating conditions, the judge found that the applicant did not demonstrate responsible actions to resolve these significant financial problems. There was no evidence of repayment efforts for the delinquent debts, and the applicant failed to show that her financial issues were being resolved or were under control. Consequently, eligibility for a position of trust was denied.
Why the Applicant Was Denied
- The applicant failed to file state and federal income tax returns for multiple years.
- The applicant accumulated ten delinquent debts totaling $45,336 without evidence of repayment efforts.
- The applicant did not demonstrate that her financial problems were being resolved or were under control.
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.bappliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlThe applicant's medical conditions led to periods of unemployment and financial problems.
- F.2.arejectedBehavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.2.crejectedThe Person Has Received or Is Receiving Counseling for the Problem
- F.2.drejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“A person who seeks access to sensitive information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedAug 19, 2014
- Answer filedSep 18, 2014
- Hearing heldDec 8, 2014
- Decision dateFeb 20, 2015
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Withdrawal of Personal Conduct Allegations Under Guideline E
- Importance of Demonstrating Responsible Actions to Resolve Financial Issues