Summary
The applicant, a 57-year-old defense contractor, faced security clearance denial under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to unresolved financial issues and failure to disclose past drug charges. Despite demonstrating some efforts to address his debts through bankruptcy, the judge found insufficient evidence of responsible financial management and credibility regarding his disclosures.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Falsified a June 2013 Electronic Questionnaires for Investigations Processing (e-QIP) by failing to disclose May 1981 and April 1982 drug possession charges (2.a). Falsified an October 2002 security clearance application (SF 86) by failing to disclose May 1981 and April 1982 drug possession charges (2.b). Applicant owed a delinquent medical debt of $65 (1.a). Applicant owed a delinquent medical debt of $65 (1.b). Applicant owed a past-due credit card debt of $354 (1.c). Applicant owed a past-due credit card debt of $39 (1.d). Applicant owed a past-due credit card debt of $40 (1.e). Applicant owed a past-due credit card debt of $59 (1.f). Applicant owed a delinquent medical debt of $36 (1.g). Applicant owed a delinquent medical debt of $358 (1.h). Applicant owed a past-due credit card debt of $884 (1.i). Applicant's mortgage was $132,138 past due (1.j). Applicant's home was foreclosed due to failure to pay his mortgage (1.k).
The judge denied the clearance. The government raised disqualifying conditions F3, E2. The judge applied mitigating conditions F2, E2. The decision turned on the following: The applicant failed to demonstrate responsible management of his financial affairs, as evidenced by significant unresolved debts and a recent foreclosure; The applicant's failure to disclose past marijuana possession charges on security clearance applications undermined his credibility.
Why the applicant was denied
- The applicant failed to demonstrate responsible management of his financial affairs, as evidenced by significant unresolved debts and a recent foreclosure.
- The applicant's failure to disclose past marijuana possession charges on security clearance applications undermined his credibility.
Conditions referenced
- F3raisedInability or Unwillingness to Satisfy Debts
- E2raisedFalsification of Material Facts
- F2rejectedThe Conditions That Resulted in the Financial Difficulties Were Largely Beyond the Person's ControlThe judge found that the applicant's financial issues were not sufficiently mitigated by personal circumstances.
- E2rejectedThe Individual Has Taken Positive Steps to Reduce or Eliminate the Financial ProblemsThe applicant's bankruptcy filing was not viewed as sufficient evidence of responsible financial management.
Key rule quoted
“No one has a 'right' to a security clearance.”
Procedural posture
- SOR issuedNov 2, 2015
- Answer filedNov 28, 2015Applicant acted pro se.
- Hearing heldFeb 12, 2016Hearing was rescheduled.
- Decision dateSep 26, 2016
Cite for
- Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
- Failure to Disclose Past Drug Charges Under Guideline E
- Insufficient Evidence of Responsible Financial Management and Credibility in Disclosures