Summary
The applicant, a 42-year-old former Army Staff Sergeant, faced security clearance denial due to approximately $11,895 in delinquent debt, including significant child support arrearages, and failure to file federal and state income tax returns from 1996 to 2003. Despite some debt repayment, the applicant's ongoing financial issues and criminal conduct related to tax evasion were deemed insufficiently mitigated, leading to the denial of his security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: a delinquent account for $156 (2.a). a collection account for $200 (2.b). a $285 collection account related to past due rent (2.c). a $1,440 charged off credit card account (2.d). a $4,391 delinquent child support account (2.e). a $3,483 delinquent child support account (2.f). a $1,323 federal tax lien for tax years 1995 and 1996 (2.g). a $319 medical collection account (2.h). a $233 medical collection account (2.i). a $65 medical collection account (2.j).
The judge denied the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3, E2.A10.1.2.1, E2.A10.1.2.2. The judge applied mitigating conditions E2.A6.1.3.3, E2.A10.1.3.1, E2.A10.1.3.2, E2.A10.1.3.6. The decision turned on the following: The applicant incurred approximately $11,895 in delinquent debt, including child support arrearages; He failed to file federal and state income tax returns from 1996 to 2003, raising concerns under Guideline F; The applicant has a history of criminal conduct, including convictions for writing worthless checks and indirect criminal contempt for failure to pay child support.
Why the Applicant Was Denied
- The applicant incurred approximately $11,895 in delinquent debt, including child support arrearages.
- He failed to file federal and state income tax returns from 1996 to 2003, raising concerns under Guideline F.
- The applicant has a history of criminal conduct, including convictions for writing worthless checks and indirect criminal contempt for failure to pay child support.
Conditions Referenced
- E2.A6.1.2.1raisedFinancial Considerations Disqualifying Condition 1A history of not meeting financial obligations.
- E2.A6.1.2.3raisedFinancial Considerations Disqualifying Condition 3Inability or unwillingness to satisfy debts.
- E2.A10.1.2.1raisedCriminal Conduct Disqualifying Condition 1Allegations or admission of criminal conduct, regardless of whether the person was formally charged.
- E2.A10.1.2.2raisedCriminal Conduct Disqualifying Condition 2A single serious crime or multiple lesser offenses.
- E2.A6.1.3.3rejectedFinancial Considerations Mitigating Condition 3Conditions that resulted in the behavior were largely beyond the person's control.
- E2.A10.1.3.1rejectedCriminal Conduct Mitigating Condition 1The criminal behavior was not recent.
- E2.A10.1.3.2rejectedCriminal Conduct Mitigating Condition 2The crime was an isolated incident.
- E2.A10.1.3.6rejectedCriminal Conduct Mitigating Condition 6There is clear evidence of successful rehabilitation.
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural Posture
- SOR issuedOct 19, 2005
- Answer filedNov 14, 2005Applicant requested a hearing.
- Hearing heldApr 20, 2006Applicant requested a continuance, which was denied.
- Decision dateJul 27, 2006
Cite For
- Denial of Security Clearance Due to Financial Considerations Under Guideline F
- Criminal Conduct Concerns Under Guideline J
- Failure to File Tax Returns as a Disqualifying Factor