Summary
The applicant, a 58-year-old government contractor with over 30 years of service, faced security concerns under Guideline F due to financial issues, including failure to file tax returns and delinquent debts. The applicant successfully mitigated these concerns by demonstrating that her financial difficulties were largely due to the emotional impact of her husband's death and by taking steps to resolve her tax and debt issues. The judge granted eligibility for a security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant failed to file her 2010 through 2012 federal income tax returns (1.a). Applicant owes $579 for a collection account (1.c). Applicant owes $38,968 on a past-due mortgage account (1.d). Applicant owes $133 for a past-due consumer account (1.e). Applicant owes $238 for a telecommunications debt (1.f).
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(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant resolved her tax filing issues for the years 2010 through 2014, resulting in a tax refund for 2012; The applicant demonstrated efforts to pay off delinquent debts and sought mortgage assistance for her past-due mortgage account; The applicant's financial issues were largely attributed to the emotional impact of her husband's death, which was a circumstance beyond her control.
Why the Applicant Prevailed
- The applicant resolved her tax filing issues for the years 2010 through 2014, resulting in a tax refund for 2012.
- The applicant demonstrated efforts to pay off delinquent debts and sought mortgage assistance for her past-due mortgage account.
- The applicant's financial issues were largely attributed to the emotional impact of her husband's death, which was a circumstance beyond her control.
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(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- 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
Key Rule Quoted
“The ultimate determination of whether to grant eligibility for a security clearance must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”
Procedural Posture
- SOR issuedFeb 20, 2015
- Answer filedMar 18, 2015
- Hearing heldOct 20, 2015
- Decision dateFeb 16, 2016
Cite For
- Mitigation of Financial Issues Due to Personal Circumstances Under Guideline F
- Resolution of Tax Filing Issues as a Mitigating Factor
- Consideration of the Whole-person Concept in Security Clearance Decisions