Summary
A 53-year-old male with prior military service was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The denial stemmed from his failure to disclose several delinquent debts and a state tax lien on his SF-86 form. Specifically, the applicant did not report an unpaid credit card debt of $2,067, an unpaid state tax lien of $4,686, and unpaid apartment rent of $232. While a $3,764 mortgage debt was paid and a $225 charge card debt was resolved after a dispute, these were also not initially disclosed.
The judge determined that the applicant's falsification of his SF-86 by omitting this financial information raised significant concerns about his reliability and trustworthiness. This intentional omission was considered a potential violation of Federal law, Title 18, United States Code, Section 1001.
Ultimately, the clearance was denied because the applicant failed to provide evidence to mitigate the financial issues or address the allegations of personal conduct. His continued inaction over several months to resolve the government's concerns further indicated poor judgment, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to disclose multiple delinquent debts and a state tax lien on his SF-86, constituting falsification.
- The applicant did not provide evidence to mitigate the financial issues or address the allegations of personal conduct.
- The applicant's inaction over several months to resolve the government's concerns indicated poor judgment and reliability.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue CreditorsThe applicant provided evidence of payment for one debt.
- AG ¶ 20(e)appliedReasonable Basis to Dispute the Legitimacy of the Past-due DebtThe applicant successfully disputed one debt.
- AG ¶ 20(a)rejectedBehavior Happened so Long Ago or Was InfrequentThe applicant's financial problems are ongoing and not infrequent.
- AG ¶ 20(b)rejectedConditions Largely Beyond the Person's ControlThe applicant did not provide evidence that circumstances were beyond his control.
- AG ¶ 20(c)rejectedReceived or Receiving Counseling for the ProblemThe applicant did not present evidence of credit counseling.
- AG ¶ 20(f)notedOther Conditions That May Mitigate
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedJun 28, 2007
- Answer filedAug 4, 2007Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; case decided on written record.
- Decision dateMar 27, 2008
Cite For
- Falsification of SF-86 Under Guideline E
- Ongoing Financial Issues Under Guideline F
- Criminal Conduct Implications Under Guideline J