Summary
The applicant, a 51-year-old male with a history of military service and employment in government contracting, faced security clearance denial under Guidelines E (Personal Conduct) and F (Financial Considerations) due to undisclosed felony convictions and significant financial delinquencies. The judge found that the applicant failed to provide sufficient evidence to mitigate the security concerns raised by his past conduct and financial issues.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant answered, “No” on his SF 86, executed on May 6, 2004, to three questions that are relevant to the issue of whether Applicant falsified his SF 86: Question 21. Your Police Record – Felony Offenses Have you ever been charged with or convicted of any felony offense? For this item, report information regardless of whether the record in your case has been "sealed" or otherwise stricken from the record. The single exception to this requirement is for certain convictions under the Federal Controlled Substances Act for which the court issued an expungement order under the authority of 21 U.S.C. 844 or 18 U.S.C. 3607. Question 38. Your Financial Delinquencies - 180 Days In the last 7 years, have you been over 180 days delinquent on any debt(s)? Question 39. Your Financial Delinquencies - 90 Days Are you currently over 90 days delinquent on any debt(s)? (2.a). In regard to his failure to disclose his delinquent debts on his SF 86, he said he thought his employer paid the debt in SOR ¶ 1.e. He was not aware of the other debts (2.b). a federal tax lien filed on April 27, 1998, in the amount of $5,512 (1.a). state tax liens filed on November 15, 1999, in the amounts of $911 (1.b). state tax liens filed on November 15, 1999, in the amounts of $1,591 (1.c). state tax liens filed on November 15, 1999, in the amounts of $1,814 (1.d). a credit card account, which became delinquent in 2002 in the amount of about $8,708 (1.e). two credit card accounts, which became delinquent in 2003 in the amounts of $772 (1.f). two credit card accounts, which became delinquent in 2003 in the amounts of $516 (1.g).
The judge denied the clearance. The government raised disqualifying conditions F3, E2. The judge applied mitigating conditions F3, E2. The decision turned on the following: The applicant admitted to having multiple delinquent debts and two felony convictions that he failed to disclose on his SF 86; The applicant's explanations for not disclosing his debts and felonies were not deemed credible or sufficient to mitigate the concerns.
Why the applicant was denied
- The applicant admitted to having multiple delinquent debts and two felony convictions that he failed to disclose on his SF 86.
- The applicant's explanations for not disclosing his debts and felonies were not deemed credible or sufficient to mitigate the concerns.
Conditions referenced
- F3raisedInability or Unwillingness to Satisfy Debts
- E2raisedFalsification of Material Facts
- F3rejectedThe Conditions That Led to the Financial Problems Were Beyond the Applicant's ControlThe judge found that the applicant did not provide sufficient evidence to support this claim.
- E2rejectedThe Applicant Has Taken Steps to Address His Financial IssuesThe judge determined that the applicant's efforts were insufficient to mitigate the concerns.
Key rule quoted
“The issuance of the clearance is 'clearly consistent with the interests of national security.'”
Procedural posture
- SOR issuedJun 29, 2007
- Answer filedUndated
- Hearing heldMar 20, 2008Conducted via speaker phone.
- Decision dateApr 28, 2008
Cite for
- Failure to Disclose Felony Convictions on SF 86 Under Guideline E
- Significant Financial Delinquencies Under Guideline F
- Insufficient Mitigation of Security Concerns Related to Personal Conduct and Financial Issues