ISCR Case 22-02543

Case Headnote

ISCR Case No. 22-02543

deniedNov 15, 2023· Hon. Mark W. Harvey· hearing

Summary

A 44-year-old semi-tractor trailer driver was denied a security clearance under Guideline E (Personal Conduct) due to concerns about falsification of information on her security clearance application and a history of employment issues. The applicant deliberately falsified material facts on her June 12, 2021, security clearance application regarding her employment activities. Specifically, she failed to disclose multiple employment terminations and disciplinary actions.

The applicant had received written warnings from Employer A in 2015 and 2016 for failing to provide documentation for benefits and not working assigned shifts, and was later terminated for dating a parolee in violation of prison policy. From Employer B, she received written warnings in January, June, and December 2019, and February 2020, for issues including lack of communication, not checking emails, not clocking in/out, and not meeting productivity goals or client meetings. Employer B terminated her in April 2020 for unsatisfactory job performance and unauthorized absence.

The applicant answered "no" to questions about receiving written warnings or being disciplined for workplace misconduct and failed to disclose her terminations from both Employer A and Employer B, as well as the disciplinary actions from both employers. The administrative judge found that her lack of candor and failure to disclose these significant events raised serious doubts about her reliability and trustworthiness, leading to the denial of her security clearance. Her belated truthful disclosure was not considered prompt enough to mitigate the security concerns.

Why the Applicant Was Denied

The applicant deliberately falsified material facts on her security clearance application.
The applicant failed to disclose significant employment terminations and reprimands, raising doubts about her reliability and trustworthiness.
The applicant's belated truthful disclosure was not considered prompt enough to mitigate security concerns.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(d)(3)appliedPattern of Dishonesty or Rule Violations
AG ¶ 16(e)(1)appliedPersonal Conduct Creating Vulnerability to Exploitation

Mitigating

AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant's disclosure was not prompt enough to mitigate security concerns.
AG ¶ 17(c)appliedMinor Offense Unlikely to Recur

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedMar 29, 2023
Answer filedApr 28, 2023
Hearing heldSep 7, 2023
Decision dateNov 15, 2023

Cite For

Falsification of Information on Security Clearance Applications Under Guideline E
Impact of Employment History on Security Clearance Eligibility
Importance of Candor in the Security Clearance Process

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
1.a	Applicant received written warnings from Employer A in 2015 and 2016 for failing to provide documentation for employee benefits and failing to work her assigned shift.	Against Applicant	Rules Violation at Workplace	—	Denied	—	—	—
1.e	Applicant deliberately falsified material facts on her June 12, 2021 SCA in her response to the questions regarding her employment activities.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	—	Claimed Acknowledgment and Remorse Claimed Other
1.b	Applicant was terminated from her employment by Employer A for dating a parolee in violation of prison policy.	For Applicant	Rules Violation at Workplace	—	Denied	—	—	—
1.c	Applicant received written warnings from Employer B in January, June, and December 2019, and February 2020 for issues that included lack of communication, not checking or responding to emails, not clocking in and out, not meeting productivity goals, and/or not meeting with clients.	For Applicant	Rules Violation at Workplace	—	Denied	—	—	—
1.d	Employer B terminated her employment in April 2020 for unsatisfactory job performance and absence without permission of supervisory staff.	For Applicant	Rules Violation at Workplace	—	Denied	—	—	—
1.f	Applicant failed to disclose that she was terminated for the reason set forth in SOR 1.d.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.g	Applicant answered 'no' to whether she had received a written warning, been officially reprimanded, suspended, or disciplined for misconduct in the workplace, such as a violation of security policy.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.h	Applicant failed to disclose that she was terminated for the reason set forth in SOR 1.b.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.i	Applicant failed to disclose that she was terminated from her employment with Employer B.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.j	Applicant failed to disclose her disciplinary actions by Employer A and B.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant received written warnings from Employer A in 2015 and 2016 for failing to provide documentation for employee benefits and failing to work her assigned shift.

Against Applicant

Rules Violation at Workplace

—

Denied

—

1.e

Applicant deliberately falsified material facts on her June 12, 2021 SCA in her response to the questions regarding her employment activities.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

Claimed

Acknowledgment and Remorse

Claimed

Other

1.b

Applicant was terminated from her employment by Employer A for dating a parolee in violation of prison policy.

For Applicant

Rules Violation at Workplace

—

Denied

—

1.c

Applicant received written warnings from Employer B in January, June, and December 2019, and February 2020 for issues that included lack of communication, not checking or responding to emails, not clocking in and out, not meeting productivity goals, and/or not meeting with clients.

For Applicant

Rules Violation at Workplace

—

Denied

—

1.d

Employer B terminated her employment in April 2020 for unsatisfactory job performance and absence without permission of supervisory staff.

For Applicant

Rules Violation at Workplace

—

Denied

—

1.f

Applicant failed to disclose that she was terminated for the reason set forth in SOR 1.d.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Employment History

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.g

Applicant answered 'no' to whether she had received a written warning, been officially reprimanded, suspended, or disciplined for misconduct in the workplace, such as a violation of security policy.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

—

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.h

Applicant failed to disclose that she was terminated for the reason set forth in SOR 1.b.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Employment History

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.i

Applicant failed to disclose that she was terminated from her employment with Employer B.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Employment History

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.j

Applicant failed to disclose her disciplinary actions by Employer A and B.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

—

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision