Summary
The applicant, a 43-year-old retired U.S. Army Captain, sought a security clearance but was denied due to financial delinquencies and intentional falsifications on his security clearance application. The judge found that the applicant's significant outstanding debts and deliberate omissions regarding his financial status and past criminal charge raised serious concerns about his reliability and trustworthiness.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant intentionally falsified his Security Clearance Application (SCA) when he answered question 28.a. (debts over 180 days delinquent in last 7 years) and question 28.b. (over 90 days delinquent on any debt) in the negative (2.a). student loans (approximately $22,000.00) (1.a). student loans (approximately $22,000.00) (1.b). student loans (approximately $22,000.00) (1.c). student loan ($709.00) (1.d). military loan ($3,318.00) (1.e). health bill ($145.00) (1.f). telephone bill ($123.00) (1.g).
The judge denied the clearance. The government raised disqualifying conditions FC DC 19.a, FC DC 19.c, PC DC 16.a. The judge applied mitigating conditions FC MC 20.d, PC MC 17.d. The decision turned on the following: Applicant has approximately $22,729.00 in delinquent debts, indicating an inability to meet financial obligations; Applicant intentionally falsified his security clearance application by denying delinquent debts and omitting a past criminal charge.
Why the Applicant Was Denied
- Applicant has approximately $22,729.00 in delinquent debts, indicating an inability to meet financial obligations.
- Applicant intentionally falsified his security clearance application by denying delinquent debts and omitting a past criminal charge.
Conditions Referenced
- FC DC 19.araisedInability or Unwillingness to Satisfy Debts
- FC DC 19.craisedA History of Not Meeting Financial Obligations
- PC DC 16.araisedDeliberate Omission, Falsification of Relevant Facts
- FC MC 20.dappliedGood-faith Effort to Repay Overdue CreditorsApplicant made some payments on smaller debts but still has significant outstanding balances.
- PC MC 17.drejectedAcknowledgment of Behavior and Steps to ChangeWhile Applicant admitted to falsifications, he did not provide evidence of counseling or steps taken to prevent recurrence.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJan 10, 2008
- Answer filedFeb 19, 2008
- Hearing heldMay 28, 2008
- Decision dateJul 31, 2008
Cite For
- Financial Delinquencies as a Disqualifying Factor Under Guideline F
- Intentional Falsification of Security Clearance Applications Under Guideline E
- The Importance of Honesty and Transparency in the Security Clearance Process