Summary
The applicant, a 41-year-old warehouse specialist employed by a defense contractor, faced security concerns under Guideline E (personal conduct) and Guideline F (financial considerations). Despite demonstrating efforts to address his financial debts, the applicant's failure to disclose an other than honorable discharge and multiple inaccuracies in his security clearance application led to the denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: In November 2007, Applicant completed an e-QIP. In response to question 16 inquiring again whether he served in the U.S. military, Applicant again disclosed his Army service from May 1989 to May 1993, and failed to disclose his additional Army service from January 1994 to July 1997 (2.b). In the same November 2007 e-QIP, Applicant was queried whether he received other than an honorable discharge from the military to which he answered “no.” (2.c). On the same November 2007 e-QIP, Applicant answered “no” to questions 27.b., inquiring whether in the last seven years he ever had his wages garnished or had property repossessed for any reason; 27.d., inquiring whether in the last seven years he had any unpaid judgments against him; and 28.a. and b., inquiring whether in the last seven years he had ever been over 180 days delinquent on any debts, and whether he was currently over 90 days delinquent on any debts (2.d). You falsified material facts on a Questionnaire for Public Trust Positions (Standard Form SF-85P) executed by you on or about October 19, 2007 in response to the following question: “16. YOUR MILITARY HISTORY a. Have you ever served in the United States Military? List all of your military service below, including service in the Reserve, National Guard, and U.S. Merchant Marine. Start with the most recent period of service (# 1) and work backward. If you had a break in service, each separate period should be listed.” You answered “YES” and disclosed your service in the U.S. Army from about May 1989 to about May 1993, but you deliberately failed to disclose your additional service in the U.S. Army from about January 1994 to July 1997 (2.g). judgment filed against Applicant in 2003 for $399 (1.a). judgment filed against Applicant in 2006 for $575 (1.b). charged-off account for $1,170 (1.c). collection account for $186 (1.d). collection account for $249 (1.e). repossession with deficiency owed of $8,033 (1.f). charged-off account for $1,196 (1.g). collection account for $2,265 (1.h). collection account for $80 (1.i). collection account for $376 (1.j). collection account for $61 (1.k). judgment filed against Applicant in 2001 for $550 (1.l). collection account for $403 (1.m). past-due account for $1,296 (1.n). collection account for $191 (1.o). collection account for $730 (1.p). collection account for $197 (1.q). collection account for $543 (1.r). charged-off account for $94 (1.s).
The judge denied the clearance. The government raised disqualifying conditions F1, F3, E2. The judge applied mitigating conditions F2, F4. The decision turned on the following: The applicant failed to mitigate security concerns under Guideline E due to intentional omissions regarding his military service and discharge status; The applicant's inaccuracies in his security clearance application raised significant trustworthiness issues.
Why the Applicant Was Denied
- The applicant failed to mitigate security concerns under Guideline E due to intentional omissions regarding his military service and discharge status.
- The applicant's inaccuracies in his security clearance application raised significant trustworthiness issues.
Conditions Referenced
- F1raisedInability or Unwillingness to Satisfy Debts
- F3raisedA History of Not Meeting Financial Obligations
- E2raisedDeliberately Providing False or Misleading Information
- F2appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- F4appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedNov 2, 2009
- Answer filedNov 30, 2009
- Hearing heldMay 20, 2010
- Decision dateOct 29, 2010
Cite For
- Disqualifying Conditions Under Guideline E and F
- Mitigating Conditions Related to Financial Difficulties
- Impact of Intentional Omissions on Security Clearance Eligibility