Summary
A 53-year-old retired Air Force master sergeant was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The denial stemmed from six unresolved delinquent debts totaling $24,980 and the applicant's failure to disclose a felony rape charge on multiple security clearance applications.
Specifically, the applicant was charged with felony rape under UCMJ Article 120 in April 2007. He subsequently answered "No" to questions about criminal charges on his May 2014 security clearance application (SCA), thereby falsifying it, and did not disclose the charge on his August 2021 SCA. Additionally, he failed to disclose six delinquent debts, ranging from $579 to $11,119, on both his May 2014 and August 2021 SCAs.
The judge found that the applicant's explanations for his financial issues were not credible and that he deliberately omitted the felony charge. These actions raised national security concerns, and the evidence presented was deemed insufficient to mitigate these issues, resulting in the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had six delinquent debts totaling $24,980, which he failed to resolve.
- The applicant deliberately omitted a felony charge of rape from his security clearance applications.
- The applicant's explanations for his financial issues were deemed insufficient and not credible.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 20(b)rejectedConditions Largely Beyond the Person's ControlWhile the applicant faced personal hardships, he did not act responsibly under those circumstances.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue CreditorsThe applicant failed to provide documentation supporting his claims of repayment efforts.
- AG ¶ 20(e)rejectedReasonable Basis to Dispute the Legitimacy of the Past-due DebtThe applicant did not provide documented proof to substantiate his disputes.
Key Rule Quoted
“the clearly consistent standard indicates that security determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedMay 5, 2022
- Answer filedMay 25, 2022
- Hearing held—Decision made on written record.
- Decision dateFeb 22, 2023
Cite For
- Failure to Disclose Felony Charges Under Guideline E
- Financial Irresponsibility Under Guideline F
- Insufficient Evidence to Mitigate National Security Concerns