Summary
A 53-year-old male applicant was denied a security clearance under Guidelines E (Personal Conduct) and F (Financial Considerations) due to intentional falsifications on multiple security clearance applications and unresolved financial issues.
The applicant admitted to a Chapter 7 bankruptcy discharged in November 2012 and a delinquent car loan from May 2013. Additionally, at age 24 in April 1996, he was charged with felony possession of marijuana with intent to distribute, an offense he admitted. The applicant intentionally concealed information about this and other offenses on four security clearance applications and two Declarations of Federal Employment forms over a 15-year period.
The judge found that the applicant failed to provide credible evidence to mitigate his financial conduct and personal history. Specifically, he did not offer supporting evidence for the financial issues and failed to mitigate the guidelines for personal conduct and financial considerations, leading to the denial.
Why the Applicant Was Denied
- The applicant intentionally falsified four security clearance applications and two Declarations of Federal Employment forms over 15 years.
- The applicant did not provide supporting evidence addressing the financial issues.
- The applicant failed to mitigate the guidelines for personal conduct and financial considerations.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Areas
- AG ¶ 16(d)appliedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant's periodic unemployment and medical problems of his family were unforeseen circumstances.
- AG ¶ 20(c)rejectedThe Individual Has Received or Is Receiving Financial CounselingThere is no indication that the applicant has received additional financial counseling since his bankruptcy.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 29, 2020
- Answer filedApr 9, 2021
- Hearing heldJun 28, 2022via TEAMS video teleconference
- Decision dateNov 14, 2022
Cite For
- Intentional Falsification of Security Clearance Applications Under Guideline E
- Financial Issues Leading to Security Clearance Denial Under Guideline F
- Insufficient Evidence of Mitigation Regarding Personal Conduct and Financial Considerations