Summary
The applicant, a 53-year-old director of support services for a defense contractor, faced security clearance concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to a tax lien and alleged debts. The applicant successfully demonstrated that he was making payments on the tax lien and that other debts were not his responsibility. The judge found that the applicant's omission of a delinquent debt from his application was based on advice from an authorized official, leading to the granting of the security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant deliberately omitted a delinquent debt from his security clearance application on the advice of the assistant facility security officer (2.a). The IRS filed a tax lien against Applicant for more than $12,000 (1.a). Two charged off accounts totaling more than $680 (1.b). Three accounts in collection status totaling more than $4,600 (1.c). Three accounts in collection status totaling more than $4,600 (1.d). Two charged off accounts totaling more than $680 (1.e). A delinquent medical debt (1.f).
The judge granted the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3, E2.A5.1.2.2. The judge applied mitigating conditions E2.A5.1.3.4. The decision turned on the following: The applicant established a payment plan with the IRS and has been making timely payments for over a year; The applicant demonstrated that other alleged debts were either the responsibility of his ex-wife or an insurance company; The applicant's omission of a delinquent debt was based on the advice of the assistant facility security officer.
Why the Applicant Prevailed
- The applicant established a payment plan with the IRS and has been making timely payments for over a year.
- The applicant demonstrated that other alleged debts were either the responsibility of his ex-wife or an insurance company.
- The applicant's omission of a delinquent debt was based on the advice of the assistant facility security officer.
Conditions Referenced
- E2.A6.1.2.1raisedHistory of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedUnable or Unwilling to Satisfy Debts
- E2.A5.1.2.2raisedDeliberate Omission of Relevant Facts From SCA
- E2.A5.1.3.4appliedImproper or Inadequate Advice of Authorized PersonnelThe applicant's omission was significantly contributed to by the advice of the assistant facility security officer.
Key Rule Quoted
“The deliberate omission of relevant and material facts from any SCA is a security concern and may be disqualifying.”
Procedural Posture
- SOR issuedMay 20, 2005
- Answer filedJun 16, 2005
- Hearing heldDec 8, 2005
- Decision dateJan 30, 2006
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Payment Plans
- Advice From Authorized Personnel as a Mitigating Factor Under Guideline E
- Deliberate Omission of Debts Based on Guidance From Security Officials