Summary
This case concerns a 29-year-old consultant, employed by a defense contractor since 2003, who sought a security clearance. The applicant faced allegations under Guideline E (Personal Conduct) related to past employment terminations and disclosures on his security clearance application.
Specifically, the Statement of Reasons alleged that the applicant failed to disclose a dismissal from a college and a termination for cause from a corporation due to irregularities with his expense account. It was also alleged that he failed to disclose the corporate termination itself and was involved in the questionable expenses that led to it.
The judge ultimately granted the security clearance. It was determined that the applicant did not falsify material facts in his application or declaration of federal employment, and his testimony regarding his employment history was found credible and honest. Mitigating conditions were applied due to the minor nature of the past conduct and the time that had elapsed since the incidents occurred.
Why the Applicant Prevailed
- Applicant did not falsify material facts in his security clearance application or declaration of federal employment.
- The judge found the applicant's testimony credible and honest regarding his employment history.
- Mitigating conditions applied due to the minor nature of the past conduct and the time elapsed since the incidents.
Conditions Referenced
- PC MC 17(a)appliedThe Individual Made Prompt, Good-faith Efforts to Correct the Omission, Concealment, or Falsification Before Being Confronted with the Facts
- PC MC 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- PC MC 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
- PC MC 17(d)appliedThe Information Was Unsubstantiated or From a Source of Questionable Reliability
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedJan 17, 2006
- Answer filedFeb 9, 2006Requested an in-person hearing.
- Hearing heldMar 15, 2007
- Decision dateMay 31, 2007
Cite For
- Mitigation of Personal Conduct Concerns Under Guideline E
- Credibility of Applicant's Testimony Regarding Employment History
- Application of Mitigating Conditions for Past Conduct