Summary
A 63-year-old senior voice engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant faced allegations of falsifying his security clearance application by failing to disclose a vehicle repossession and multiple past tax liens. His explanation that these were not considered security concerns was deemed unacceptable.
Specifically, the Internal Revenue Service (IRS) had filed three separate tax liens against the applicant for unpaid taxes, interest, and penalties. These liens covered tax years 1989, 1991, and 1993, totaling $4,789.43; tax years 1995, 1996, and 1997, totaling $5,950.01; and tax year 1998, totaling $3,253.90. The total amount of these IRS tax liens was $14,993.34, with approximately $10,000.00 still owed. Additionally, the applicant owed a credit card company $612.00 as of March 28, 2003.
The denial was based on the applicant's unresolved tax debts and his deliberate failure to disclose repossessions and tax liens on his security clearance application, which demonstrated a lack of candor and reliability. The judge found that the applicant's explanations for these issues did not mitigate the significant security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had three IRS tax liens totaling $14,993.34 and still owed approximately $10,000.00.
- The applicant falsified his security clearance application by failing to disclose repossessions and tax liens, demonstrating a lack of candor and reliability.
- The applicant's explanations for his financial issues and omissions were deemed unacceptable and did not mitigate the security concerns.
Conditions Referenced
- E2.A5.1.1raisedConduct Involving Questionable Judgment, Untrustworthiness, Unreliability, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From His Security Clearance Application
- E2.A6.1.1raisedFinancial Considerations
- E2.A6.1.2.1appliedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3appliedUnable or Unwilling to Pay Debts
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedOct 15, 2003
- Answer filedNov 3, 2003
- Hearing heldJan 22, 2004
- Decision dateJan 11, 2005
Cite For
- Denial Based on Unresolved Tax Debts Under Guideline F
- Falsification of Security Clearance Application Under Guideline E
- Lack of Mitigating Conditions for Financial Issues and Personal Conduct