Summary
A 39-year-old sheet metal worker and former U.S. Navy member was denied a security clearance due to concerns under Guidelines J (Criminal Conduct), F (Financial Considerations), and E (Personal Conduct). The applicant's history included multiple arrests for domestic assault in May and September 2013. In June 2016, he was arrested for felony burglary, subsequently convicted of embezzlement, and sentenced to 121 days in jail with three years of probation. Additionally, he received nonjudicial punishment for misusing a government credit card.
Financially, the applicant had approximately $33,000 in delinquent debts. He also falsified his Security Clearance Application by failing to disclose these debts. The judge determined that the applicant's criminal conduct, including felony embezzlement and domestic assault, raised significant doubts about his judgment and reliability.
Furthermore, the applicant's failure to disclose multiple delinquent debts on his application indicated a lack of candor, and his numerous and recent financial issues demonstrated poor self-control and judgment. These factors collectively led to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's criminal conduct included felony embezzlement and domestic assault, which raised doubts about his judgment and reliability.
- The applicant failed to disclose multiple delinquent debts on his security clearance application, indicating a lack of candor.
- The applicant's financial issues were recent and numerous, demonstrating poor self-control and judgment.
Conditions Referenced
- AG ¶ 31(a)appliedPattern of Minor Offenses
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 31(c)appliedCurrently on Probation
- AG ¶ 31(e)appliedDischarge From Armed Forces for Reasons Less Than 'honorable'
- AG ¶ 19(a)appliedInability to Satisfy Debts
- AG ¶ 19(b)appliedUnwillingness to Satisfy Debts
- AG ¶ 19(c)appliedHistory of Not Meeting Financial Obligations
- AG ¶ 19(d)appliedDeceptive or Illegal Financial Practices
- AG ¶ 16(a)appliedDeliberate Omission or Falsification
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)appliedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline
- AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal conduct was recent and did not occur under unusual circumstances.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant presented no evidence of rehabilitation or positive changes.
- AG ¶ 20(a)rejectedBehavior Unlikely to RecurThe applicant's financial issues and criminal conduct were recent and numerous.
- AG ¶ 20(b)rejectedConditions Beyond the Person's ControlThe applicant's financial problems were due to his own misconduct.
- AG ¶ 20(c)rejectedFinancial CounselingThe applicant submitted no evidence of financial counseling.
- AG ¶ 20(d)appliedGood-faith Effort to Repay DebtsThe applicant made some progress in resolving certain debts.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedOct 19, 2018
- Answer filedNov 8, 2018
- Hearing held—Applicant requested a decision on the written record without a hearing.
- Decision dateMar 7, 2019
Cite For
- Denial Based on Recent Criminal Conduct Under Guideline J
- Financial Irresponsibility and Failure to Disclose Debts Under Guideline F
- Lack of Candor and Personal Conduct Issues Under Guideline E