Summary
The applicant, a 42-year-old federal contractor, faced security concerns under Guidelines E (Personal Conduct) and F (Financial Considerations) due to unpaid debts and a DUI arrest. The judge found that the applicant failed to mitigate these concerns, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant was arrested in July 2011 and charged with driving under the influence of alcohol (DUI), Refusal 1st, driving on a suspended license, and drive right side of highway (2.a). SOR ¶ 2.b alleges that in March 2011 Applicant was terminated from employment because of a discrepancy in a laptop computer inventory (2.b). In August 2008, Applicant was reprimanded while employed with a federal contractor, for unauthorized personal internet usage (2.c). In October 2006, Applicant was terminated from employment for sleeping during his shift (2.d). In September 2003, Applicant was terminated from employment for tardiness (2.e). Applicant deliberately provided misleading information regarding his termination (2.g). unpaid medical debts for $594 (1.a). unpaid medical debts for $714 (1.b). delinquent mortgage on rental property for $81,224 (1.c). unpaid medical debts for $801 (1.d). unpaid parking fines for $250 (1.e). unpaid parking fines for $100 (1.f). unpaid parking fines for $55 (1.g). unpaid parking fines for $55 (1.h).
The judge denied the clearance. The government raised disqualifying conditions F.1.a, F.1.c, E.2.a, E.2.c, E.2.e. The decision turned on the following: The applicant failed to resolve multiple unpaid medical debts and a delinquent mortgage, raising concerns about his financial responsibility; The applicant provided misleading information regarding his employment terminations and failed to disclose a DUI arrest, indicating a lack of candor and questionable judgment.
Why the Applicant Was Denied
- The applicant failed to resolve multiple unpaid medical debts and a delinquent mortgage, raising concerns about his financial responsibility.
- The applicant provided misleading information regarding his employment terminations and failed to disclose a DUI arrest, indicating a lack of candor and questionable judgment.
Conditions Referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- E.2.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E.2.craisedCredible Adverse Information in Several Adjudicative Issue Areas
- E.2.eraisedPersonal Conduct That Creates a Vulnerability to Exploitation
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 issuedJan 17, 2016
- Answer filedFeb 24, 2016
- Hearing held—Decided on written record
- Decision dateOct 5, 2016
Cite For
- Failure to Mitigate Financial Obligations Under Guideline F
- Lack of Candor in Security Clearance Applications Under Guideline E
- Impact of Personal Conduct on Security Clearance Eligibility