Summary
A 47-year-old defense contractor, holding two bachelor's degrees, was denied eligibility for access to classified information under Guideline E (Personal Conduct). The denial stemmed from two allegations detailed in the Statement of Reasons. The first concerned his failure to return three laptop computers to his children's private school after performing maintenance on them. The judge determined this allegation was not established as a security concern.
However, the second allegation, involving the applicant's submission of a fraudulent letter to his Government Agency employer claiming a debt had been settled, was found to be a significant security concern. This action raised Disqualifying Condition AG ¶ 16(b).
The denial was primarily based on the applicant's failure to timely report the fraudulent document submitted during the security clearance process. This concealment, rather than disclosure, indicated a lack of candor, trustworthiness, and poor judgment, ultimately leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to timely report a fraudulent document submitted during the security clearance process, raising questions about his judgment and reliability.
- The applicant chose to conceal the false document rather than report it, indicating a lack of candor and trustworthiness.
Conditions Referenced
- AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJul 27, 2017
- Answer filedSep 21, 2017
- Hearing heldOct 10, 2018
- Decision dateFeb 7, 2019
Cite For
- Failure to Report Fraudulent Documents Under Guideline E
- Issues of Judgment and Reliability in Security Clearance Cases
- The Fiduciary Relationship Required for Access to Classified Information