Summary
The applicant, a 52-year-old defense contractor and retired U.S. Air Force technical sergeant, faced security concerns under Guideline F due to failure to file income tax returns and delinquent debts. The applicant demonstrated significant efforts to resolve her financial issues, including entering a repayment plan with the IRS and paying off delinquent debts, leading to a decision to grant her security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: failed to file her federal and state income tax returns for 2005, 2006, 2009, and 2010 (1.a). $675 judgment filed against her in 2005 (1.b). $1,490 collection account (1.c). $134 collection account (1.d). $78 collection account (1.e).
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 took responsibility for her financial issues and made efforts to rectify them; She entered into a repayment plan with the IRS and has been making payments toward her past-due taxes; All alleged delinquent debts were resolved prior to the hearing.
Why the Applicant Prevailed
- The applicant took responsibility for her financial issues and made efforts to rectify them.
- She entered into a repayment plan with the IRS and has been making payments toward her past-due taxes.
- All alleged delinquent debts were resolved prior to the hearing.
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
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedFeb 27, 2015
- Answer filedMar 23, 2015
- Hearing heldJul 23, 2015
- Decision dateDec 8, 2015
Cite For
- Mitigation of Financial Issues Under Guideline F
- Consideration of Personal Circumstances Affecting Financial Behavior
- Importance of Demonstrating Good-faith Efforts to Resolve Debts