Summary
A 57-year-old former U.S. Army first sergeant was denied renewal of his security clearance, primarily under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The denial stemmed from the applicant's failure to disclose a felony arrest for aggravated assault and a DUI charge on his security questionnaire. The judge determined that this concealment raised significant concerns about his reliability and trustworthiness.
Specifically, the applicant attempted to hide his felony arrest for aggravated assault and did not report his DUI charge. Additionally, he had a delinquent, charged-off credit card account totaling $7,045. While several mitigating conditions were considered, the judge found the applicant's testimony regarding legal advice for non-disclosure to be not credible.
Ultimately, the clearance was denied because the applicant attempted to conceal serious incidents and did not demonstrate prompt or good-faith efforts to correct these omissions before being confronted.
Why the Applicant Was Denied
- The applicant attempted to conceal his felony arrest for aggravated assault and DUI charge when applying for a security clearance.
- The applicant's testimony regarding legal advice for non-disclosure was deemed not credible.
- The applicant did not demonstrate prompt or good-faith efforts to correct his omissions before being confronted.
Conditions Referenced
- E2.A1raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E2.A2raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- E3.A1rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant did not provide evidence of prompt or good-faith efforts to disclose his criminal history.
- E3.B1rejectedFailure to Cooperate Caused by Legal AdviceThe applicant's claim of receiving legal advice was not credible.
- E3.C1rejectedMinor Offense or Unique CircumstancesThe applicant's offenses were serious and recent.
- E3.D1rejectedAcknowledgment of Behavior and CounselingThe applicant did not demonstrate acknowledgment or steps to mitigate his behavior.
- E3.E1rejectedPositive Steps to Reduce VulnerabilityThe applicant did not take steps to reduce his vulnerability to exploitation.
- F2.EappliedDisputed Legitimacy of Past-due DebtThe applicant successfully disputed the alleged delinquent debt.
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 issuedOct 4, 2016
- Answer filedOct 25, 2016
- Hearing heldJul 27, 2017Applicant's exhibits were admitted without objection.
- Decision dateSep 26, 2018
Cite For
- Security Concerns Arising From Concealment of Criminal History Under Guideline E
- Credibility of Applicant's Testimony Regarding Legal Advice
- Mitigation of Financial Concerns Under Guideline F When Debt Is Disputed Successfully