Summary
This case concerns a 50-year-old government contractor and retired Air Force master sergeant whose security clearance eligibility was initially questioned under Guideline F (Financial Considerations). The Statement of Reasons cited several financial issues, including the failure to file 2011 federal and state income tax returns, an outstanding debt of $868 to the IRS for 2012 federal taxes, $174 owed for 2013 federal taxes, and a $303 collection account. These issues raised disqualifying conditions related to financial irresponsibility.
However, the applicant successfully mitigated these concerns. He filed his 2011 federal and state tax returns in July 2015, resolving the previous filing issues, and paid all associated taxes, interest, and penalties. The applicant also demonstrated current financial stability, reporting approximately $1,500 in discretionary income per month.
The judge applied several mitigating conditions, acknowledging the applicant's honesty, proactive measures to resolve his debts, and overall reliability. Based on the timely resolution of his tax filings and debts, along with evidence of financial stability and support from colleagues, the applicant was granted eligibility for a security clearance.
Why the Applicant Prevailed
- Applicant filed his 2011 federal and state tax returns in July 2015, resolving previous issues.
- He paid all taxes, interest, and penalties associated with his tax returns.
- Applicant demonstrated current financial stability with discretionary income of about $1,500 per month.
Conditions Referenced
- AG ¶ 19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- AG ¶ 19(a)rejectedInability or Unwillingness to Satisfy DebtsThe evidence was insufficient to raise this condition as it related to the applicant's debts.
- AG ¶ 19(c)rejectedA History of Not Meeting Financial ObligationsThe applicant provided documentation showing he was current on all financial obligations.
- 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
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMar 18, 2015
- Answer filedApr 16, 2016
- Hearing heldJul 29, 2015
- Decision date—
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Resolution of Tax Filing Issues
- Demonstrating Financial Stability and Support From Colleagues