Summary
A 49-year-old veteran and defense contractor employee was subject to a security clearance review under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons (SOR) alleged that the applicant failed to timely file federal income tax returns for the 2011, 2012, and 2013 tax years. These failures were also cross-alleged as adverse personal conduct.
However, the applicant demonstrated that he had filed all overdue returns and paid the associated taxes prior to the issuance of the SOR. Specifically, the past-due tax returns were filed five months before the SOR, and the applicant has timely filed all tax returns and paid all taxes owed since 2013.
The judge considered the applicant's conduct within his overall personal and professional background. It was determined that his past actions did not reflect his current judgment and reliability. Consequently, the security clearance was granted.
Why the Applicant Prevailed
- The applicant filed his past-due tax returns five months before the SOR was issued.
- He has timely filed his tax returns since 2013 and has paid all taxes owed.
- The applicant's conduct was assessed in the context of his overall personal and professional background.
Conditions Referenced
- AG ¶ 19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- 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 ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Caused Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to Recur
Key Rule Quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedAug 28, 2015
- Answer filedSep 1, 2015
- Hearing heldFeb 10, 2016Parties appeared as scheduled.
- Decision dateApr 11, 2016
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Whole-person Assessment in Security Clearance Decisions
- Impact of Personal Circumstances on Judgment and Reliability Under Guideline E