ISCR Case 17-00726

Case Headnote

ISCR Case No. 17-00726

deniedMar 15, 2019· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 41-year-old senior professional engineer was denied a security clearance due to unresolved issues under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons included allegations that the applicant falsified educational credentials, such as submitting a resume and academic transcripts that were not accurate, and misrepresented his enrollment status for a master's degree. Additionally, he was alleged to have misrepresented the circumstances of a job departure, claiming mutual agreement instead of termination, and failed to disclose falsified documents during a personal interview.

Regarding financial considerations, the applicant had three delinquent student loans totaling approximately $41,200. However, these loans were subsequently rehabilitated, consolidated, and were in timely repayment at the time of the decision.

Ultimately, the judge denied the security clearance. While the financial concerns were mitigated, the applicant failed to mitigate the personal conduct issues. The denial was based on intentional falsifications regarding his education and employment, coupled with a lack of candor and failure to disclose critical information during interviews, which raised significant trustworthiness concerns.

Why the Applicant Was Denied

The applicant failed to mitigate personal conduct security concerns due to intentional falsifications regarding his education and employment.
The applicant's lack of candor and failure to disclose critical information during interviews raised significant trustworthiness issues.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment or Falsification of Relevant Facts
AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation

Mitigating

AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlThe applicant's financial issues were attributed to circumstances beyond his control, such as employment instability.
AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue CreditorsThe applicant has since consolidated his student loans and is making timely payments.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJun 21, 2017
Answer filedJun 4, 2018Notarized response admitting most allegations.
Hearing heldJun 11, 2018Hearing convened as scheduled.
Decision dateMar 15, 2019

Cite For

Failure to Mitigate Personal Conduct Concerns Under Guideline E
Mitigation of Financial Considerations Under Guideline F
Issues of Falsification and Lack of Candor in Security Clearance Applications

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant believed he graduated but had an outstanding financial issue preventing formal graduation.	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
1.b	Applicant submitted falsified application materials including a resume and academic transcripts.	Against Applicant	Falsification of Employment or Other RecordsFOUND DELIBERATE	Education or Credentials	Unknown	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.c	Applicant claimed intention to pursue a master's degree but was not enrolled.	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
1.d	Applicant misrepresented the circumstances of his job departure, claiming mutual agreement instead of termination.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Unknown	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.e	Applicant failed to disclose falsified documents during a personal interview.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant believed he graduated but had an outstanding financial issue preventing formal graduation.

For Applicant

Unspecified Personal Conduct

—

Unknown

—

1.b

Applicant submitted falsified application materials including a resume and academic transcripts.

Against Applicant

Falsification of Employment or Other RecordsFOUND DELIBERATE

Education or Credentials

Unknown

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

1.c

Applicant claimed intention to pursue a master's degree but was not enrolled.

For Applicant

Unspecified Personal Conduct

—

Unknown

—

1.d

Applicant misrepresented the circumstances of his job departure, claiming mutual agreement instead of termination.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Unknown

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

1.e

Applicant failed to disclose falsified documents during a personal interview.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Unknown

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	Applicant has three delinquent student loans totaling approximately $41,200. $41,200	For Applicant	Student Loan Debt	Unknown	—	—	—
2.b	Applicant's loans have been rehabilitated and are now in timely repayment.	For Applicant	Unspecified Financial	Unknown	—	—	—
2.c	Applicant has consolidated his loans and is making regular payments.	For Applicant	Unspecified Financial	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

Applicant has three delinquent student loans totaling approximately $41,200.

$41,200

For Applicant

Student Loan Debt

Unknown

—

2.b

Applicant's loans have been rehabilitated and are now in timely repayment.

For Applicant

Unspecified Financial

Unknown

—

2.c

Applicant has consolidated his loans and is making regular payments.

For Applicant

Unspecified Financial

Unknown

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION