Summary
A 37-year-old junior configuration manager was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant was terminated from her employment for misusing her company credit card, stealing company credit cards issued to other employees, and stealing cash from a co-worker. She admitted to this criminal misconduct in her supplemental Statement of Reasons answer.
Additionally, the applicant owed approximately $8,600 in back taxes to her state government for tax years 2015 through 2017. She was also indebted to about ten creditors, totaling approximately $14,000.
Despite the applicant's admissions and claims of repayment for some debts, the judge found insufficient evidence to mitigate the security concerns. The termination for gross misconduct, coupled with significant tax delinquencies and other financial debts, raised serious doubts about her reliability and trustworthiness, leading to the denial of her security clearance.
Why the Applicant Was Denied
- The applicant was terminated for gross misconduct involving theft and misuse of company credit cards.
- She failed to pay federal and state taxes, accumulating significant debts to multiple creditors.
- The applicant's financial issues and criminal conduct raised serious doubts about her reliability and trustworthiness.
Conditions Referenced
- AG ¶ 16(c)appliedCredible Adverse Information
- AG ¶ 16(d)appliedCredible Adverse Information Not Covered Under Other Guidelines
- AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 19(a)appliedInability to Satisfy Debts
- AG ¶ 19(c)appliedHistory of Not Meeting Financial Obligations
- AG ¶ 19(d)appliedDeceptive or Illegal Financial Practices
- AG ¶ 19(f)appliedFailure to Pay Taxes
- AG ¶ 31(a)appliedPattern of Minor Offenses
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 17(c)rejectedBehavior Unlikely to RecurThe applicant's serious and recent offenses do not support a conclusion that similar behavior is unlikely to recur.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and CounselingThe applicant acknowledged her behavior but did not provide evidence of counseling or significant steps to address her issues.
- AG ¶ 17(e)rejectedPositive Steps to Reduce VulnerabilityThe applicant remains vulnerable to exploitation due to ongoing financial pressures.
- AG ¶ 17(g)rejectedUnwitting Association with Criminal ActivityThe applicant's continued association with the Scam Artist undermines her reliability.
- AG ¶ 20(a)rejectedBehavior Unlikely to RecurThe applicant's financial issues are ongoing and serious.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay CreditorsThe applicant's claims of repayment lack supporting documentation.
- AG ¶ 20(g)rejectedArrangements with Tax AuthorityThe applicant's tax delinquencies remain unresolved.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedApr 23, 2019
- Answer filedMay 24, 2019
- Hearing held—Applicant elected to have the case decided on the written record.
- Decision dateFeb 10, 2020
Cite For
- Denial Based on Serious Personal Conduct Under Guideline E
- Financial Irresponsibility Leading to Security Concerns Under Guideline F
- Criminal Conduct Impacting Trustworthiness Under Guideline J