Summary
A 52-year-old former Navy E-6 was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant admitted to deliberately providing false information for dependent benefits, including renewing an ID card for an ineligible former spouse. This conduct led to a special court-martial, where he pleaded guilty and received a sentence for multiple offenses, including making false official statements.
Further concerns arose from the applicant's financial history. He failed to file federal income taxes for tax years 2017 through 2021. Additionally, he had several unresolved delinquent debts, including a collection account for $5,895, a credit card account in collection for $10,472, a charged-off vehicle loan for $6,905, and another charged-off credit card for $3,880. A delinquent vehicle loan for $23,729 also contributed to the total of over $37,000 in unresolved debts.
The judge determined that the applicant's admitted conduct, encompassing false official statements, criminal conviction, and significant financial irresponsibility, raised ongoing security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to providing false information for dependent benefits.
- He was court-martialed for multiple offenses, including false official statements.
- He failed to file federal income taxes for tax years 2017 through 2021.
- He has unresolved delinquent debts totaling over $37,000.
Conditions Referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 19(a)appliedInability to Satisfy Debts
- AG ¶ 19(c)appliedHistory of Not Meeting Financial Obligations
- AG ¶ 19(f)appliedFailure to File or Fraudulently Filing Annual Income Tax Returns
Key Rule Quoted
“The applicant is responsible for presenting witnesses and other evidence to rebut, explain, extenuate, or mitigate facts admitted by the applicant or proven by Department Counsel, and has the ultimate burden of persuasion as to obtaining a favorable clearance decision.”
Procedural Posture
- SOR issuedNov 6, 2020
- Answer filedApr 1, 2021More complete response to second SOR.
- Hearing heldJun 24, 2022Hearing conducted via video teleconference.
- Decision dateFeb 1, 2023
Cite For
- Denial of Security Clearance Due to Pattern of Deception Under Guideline E
- Impact of Unresolved Financial Issues on Security Clearance Eligibility Under Guideline F
- Criminal Conduct as a Disqualifying Factor Under Guideline J