Summary
A 52-year-old former Marine Corps member was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant failed to disclose significant financial delinquencies on his security clearance application, including a history of not filing federal income tax returns from 2008 to 2012. He also had a 2009 tax lien and other delinquent debts, such as a vehicle repossession, which were not fully disclosed.
Specifically, the applicant deliberately omitted his failure to file tax returns for 2008 through 2012, the 2009 tax lien, and other delinquent debts. While one debt was paid, the applicant still owes approximately $45,143 for the tax lien. The judge found that the applicant's financial issues and lack of candor raised significant concerns about his reliability and trustworthiness.
Disqualifying conditions included a pattern of financial irresponsibility and deliberate misrepresentation. Although some mitigating conditions were considered, the applicant's testimony was deemed not credible, indicating a lack of good judgment. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant failed to disclose significant financial delinquencies on his security clearance application.
- He has a history of not filing federal income tax returns from 2008 to 2012 and owes substantial tax debts.
- The applicant's testimony was deemed not credible, indicating a lack of good judgment.
Conditions Referenced
- F.19(a)appliedInability or Unwillingness to Satisfy Debts
- F.19(c)appliedA History of Not Meeting Financial Obligations
- F.19(g)appliedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- E.16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- F.20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlAlthough the applicant experienced unemployment, his failures regarding tax obligations were within his control.
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue CreditorsThe applicant made a payment on one debt but did not provide a plan for resolving other debts.
- E.17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant did not make prompt efforts to correct his omissions and attempted to rationalize his actions.
- E.17(c)rejectedThe Offense Is so Minor or Infrequent That It Is Unlikely to RecurThe applicant's actions were deliberate and not minor.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedMar 9, 2015
- Answer filedApr 14, 2015
- Hearing heldJul 27, 2015
- Decision dateAug 7, 2015
Cite For
- Deliberate Omission of Financial Information Under Guideline E
- Failure to File Federal Income Taxes as a Disqualifying Condition Under Guideline F
- Credibility Issues Impacting the Assessment of Personal Conduct and Financial Responsibility.