Summary
The applicant, a 55-year-old government contractor and retired Marine Corps master sergeant, faced security concerns under Guideline F due to delinquent debts totaling $33,778.79 and failure to file tax returns for 2011 and 2013. He resolved four debts and is making payments on his remaining tax debt, demonstrating responsible financial behavior and mitigating the concerns. The judge granted the security clearance, finding the applicant's actions consistent with national interest.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant was indebted on an all-terrain vehicle loan in the amount of $15,000 (1.a). Applicant was indebted on a medical account on the amount of $369 (1.b). Applicant was indebted on a medical debt totaling $100 (1.c). Applicant was indebted to a collection agent for a store credit card in the amount of $4,369 (1.d). Applicant paid off his $8,203.71 delinquency for tax year 2013 (1.e). Applicant failed to file his 2011 and 2013 Federal tax returns when due (1.f).
The judge granted the clearance. The government raised disqualifying conditions F.19(a), F.19(c), F.19(g). The judge applied mitigating conditions F.20(a), F.20(c), F.20(d), F.20(e). The decision turned on the following: Applicant resolved four of five debts and is making payments on the remaining tax debt; He filed his 2011 and 2013 Federal income tax returns, albeit late, due to unintentional circumstances; The applicant demonstrated responsible financial behavior and commitment to resolving his debts.
Why the Applicant Prevailed
- Applicant resolved four of five debts and is making payments on the remaining tax debt.
- He filed his 2011 and 2013 Federal income tax returns, albeit late, due to unintentional circumstances.
- The applicant demonstrated responsible financial behavior and commitment to resolving his debts.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- F.19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- F.20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.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
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- F.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 5, 2015
- Answer filedMar 26, 2015
- Hearing heldJul 10, 2015
- Decision dateAug 26, 2015
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Resolution of Debts as a Factor in Security Clearance Eligibility
- Importance of Demonstrating Responsible Financial Behavior in Clearance Cases