Summary
The applicant, a 43-year-old federal contractor with a military background, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to undisclosed judgments and debts on his security clearance application. The judge found that the applicant deliberately failed to disclose relevant financial information, which raised questions about his reliability and trustworthiness, leading to the denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant deliberately failed to disclose two judgments against him on his March 2015 security clearance application (SCA) (2.a). Applicant did not disclose two debts on his SCA, claiming he was unaware of them and believed he was a victim of identity theft (2.b). Applicant has a judgment against him in the amount of $14,117 (1.a). Applicant has a judgment against him in the amount of $31,657 (1.b). Applicant has a debt in the amount of $17,784 (1.c). Applicant has a debt in the amount of $31,228 (1.d).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 16(a), AG ¶ 19(a), AG ¶ 19(c). The decision turned on the following: The applicant deliberately failed to disclose two judgments against him on his security clearance application; The applicant's explanation regarding advice from a 'trusted advisor' did not negate his responsibility to provide accurate information; The applicant did not provide sufficient evidence to mitigate the financial concerns, including a lack of action taken to resolve debts.
Why the Applicant Was Denied
- The applicant deliberately failed to disclose two judgments against him on his security clearance application.
- The applicant's explanation regarding advice from a 'trusted advisor' did not negate his responsibility to provide accurate information.
- The applicant did not provide sufficient evidence to mitigate the financial concerns, including a lack of action taken to resolve debts.
Conditions Referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 19(a)appliedInability to Satisfy Debts
- AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 30, 2016
- Answer filedAug 29, 2016
- Hearing held—Decided on the written record.
- Decision dateAug 14, 2017
Cite For
- Deliberate Failure to Disclose Financial Obligations Under Guideline F
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Importance of Providing Truthful Information on Security Clearance Applications