ISCR Case 20-02401

Case Headnote

ISCR Case No. 20-02401

deniedJun 25, 2024· Hon. Pamela C. Benson· hearing

Summary

A 55-year-old male applicant was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The denial stemmed from a history of financial issues, a significant period of military absence, and a lack of candor.

The applicant's financial problems included nine delinquent accounts totaling approximately $61,325, with specific debts of $5,295 to one creditor and judgments of $31,196 and $568 to others. Additionally, the applicant was administratively separated from the U.S. Marine Corps in 2005 with an Other Than Honorable discharge for being Absent Without Leave (AWOL) for 15 years, a violation of military justice.

The judge found the applicant's credibility questionable due to multiple misrepresentations on his November 7, 2019, Electronic Questionnaires for Investigations Processing (e-QIP). He falsified information regarding delinquent debts, failed to disclose judgments, and did not report involvement in non-criminal court actions. These issues, combined with his long-standing financial problems and military record, led to the denial, as they raised serious doubts about his reliability and trustworthiness.

Why the Applicant Was Denied

The applicant has a long history of financial problems, including nine delinquent accounts totaling approximately $61,325.
The applicant's credibility was questioned due to multiple misrepresentations regarding his financial status and military service.
The applicant's 15 years of being AWOL from the military and receiving an Other Than Honorable discharge raised doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(d)raisedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 31(e)raisedDischarge or Dismissal From the Armed Forces for Reasons Less Than 'honorable'

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedSep 3, 2021
Answer filed—Applicant did not respond to the initial SOR.
Hearing heldApr 17, 2024Conducted via video-teleconferencing.
Decision dateJun 25, 2024

Cite For

Financial Irresponsibility and Its Impact on Security Clearance Eligibility
Lack of Candor in Security Clearance Applications
AWOL Status and Its Implications for Trustworthiness in Security Matters

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
2.a	In 2005 you were administratively separated from the United States Marine Corps with an Other Than Honorable Discharge for being Absent Without Leave (AWOL), a violation of Article 86, Uniform Code of Military Justice, for 15 years.	Against Applicant	Unspecified Personal Conduct	—	Admitted	—	—	—
2.b	You falsified material facts on an Electronic Questionnaires for Investigations Processing, e-QIP, executed by you on or about November 7, 2019, in response to questions about delinquent debts.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Financial	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	You falsified material facts on an Electronic Questionnaires for Investigations Processing, e-QIP, executed by you on or about November 7, 2019, in response to “Section 26 – Delinquency Involving Enforcement Other than previously listed, have any of the following happened to you? In the past seven (7) years, you have been delinquent on alimony or child support payments. In the past seven (7) years, you had a judgment entered against you.” You answered “No,” and thereby deliberately failed to disclose the judgments set forth in subparagraphs 1.f. through 1.i., above.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Financial	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.d	You falsified material facts on an Electronic Questionnaires for Investigations Processing, e-QIP, executed by you on or about November 7, 2019, in response to “Section 28 – Non-Criminal Court Actions In the last ten (10) years, have you been a part to any public record civil court action not listed elsewhere on this form?” You answered “No” and thereby deliberately failed to disclose the cases set forth in subparagraphs 1.e. through 1.i., above.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Financial	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

In 2005 you were administratively separated from the United States Marine Corps with an Other Than Honorable Discharge for being Absent Without Leave (AWOL), a violation of Article 86, Uniform Code of Military Justice, for 15 years.

Against Applicant

Unspecified Personal Conduct

—

Admitted

—

2.b

You falsified material facts on an Electronic Questionnaires for Investigations Processing, e-QIP, executed by you on or about November 7, 2019, in response to questions about delinquent debts.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Financial

Denied

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

—

2.c

You falsified material facts on an Electronic Questionnaires for Investigations Processing, e-QIP, executed by you on or about November 7, 2019, in response to “Section 26 – Delinquency Involving Enforcement Other than previously listed, have any of the following happened to you? In the past seven (7) years, you have been delinquent on alimony or child support payments. In the past seven (7) years, you had a judgment entered against you.” You answered “No,” and thereby deliberately failed to disclose the judgments set forth in subparagraphs 1.f. through 1.i., above.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Financial

Denied

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

—

2.d

You falsified material facts on an Electronic Questionnaires for Investigations Processing, e-QIP, executed by you on or about November 7, 2019, in response to “Section 28 – Non-Criminal Court Actions In the last ten (10) years, have you been a part to any public record civil court action not listed elsewhere on this form?” You answered “No” and thereby deliberately failed to disclose the cases set forth in subparagraphs 1.e. through 1.i., above.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Financial

Denied

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	You are indebted to HD for an account that has been charged off in the amount of $5,295. $5,295	Against Applicant	Unspecified Financial	Unknown	—	—	—
1.b	You are indebted to a creditor in the amount of $31,196, for a judgment entered against you in December 2023. $31,196	Against Applicant	Judgment Against Applicant	Admitted	—	—	—
1.c	You are indebted to a creditor in the amount of $568, for a judgment obtained against you in about 2009. $568	Against Applicant	Judgment Against Applicant	Admitted	—	—	—
1.d–1.i	6 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

You are indebted to HD for an account that has been charged off in the amount of $5,295.

$5,295

Against Applicant

Unspecified Financial

Unknown

—

1.b

You are indebted to a creditor in the amount of $31,196, for a judgment entered against you in December 2023.

$31,196

Against Applicant

Judgment Against Applicant

Admitted

—

1.c

You are indebted to a creditor in the amount of $568, for a judgment obtained against you in about 2009.

$568

Against Applicant

Judgment Against Applicant

Admitted

—

1.d–1.i

6 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	That information as set forth in subparagraph 2.a, above.	Against Applicant	Probation or Court Order Violation	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

That information as set forth in subparagraph 2.a, above.

Against Applicant

Probation or Court Order Violation

Conduct No Charge

Admitted

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision