Summary
A 34-year-old married man with four children was denied a security clearance due to unmitigated personal conduct issues, despite resolving concerns related to financial considerations and the use of information technology. The applicant faced allegations under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline M (Use of Information Technology).
Under Guideline F, the applicant had approximately $15,000 owed to a car company, along with other delinquencies including a credit card, utilities, a medical account, another automobile delinquency, two student loan accounts (one allegedly totaling $3,527), additional utilities, an allegedly $70 debt to a book club, and two miscellaneous delinquencies. These financial issues were mitigated. Under Guideline M, the applicant committed several IT infractions, such as creating scripts and installing an editor without permission, which were also mitigated.
However, the applicant failed to mitigate personal conduct issues. Specifically, he omitted a job from his security clearance application that he had resigned from under adverse circumstances. The judge determined this omission was intentional, constituting a deliberate falsification of relevant facts on a security questionnaire, which violated AG ¶ 16(a). This unmitigated personal conduct issue led to the denial of his security clearance.
Why the applicant prevailed
- Applicant mitigated financial considerations by satisfying most delinquencies and demonstrating a good-faith effort to resolve debts.
- Applicant's IT infractions were deemed minor and isolated, with no adverse incidents since 2003.
Conditions referenced
- E2.aappliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- F20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- F20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- M41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances, That It Is Unlikely to Recur
- M41(b)appliedThe Misuse Was Minor and Done Only in the Interest of Organizational Efficiency and Effectiveness
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 issuedJun 16, 2011
- Answer filedAug 20, 2011
- Hearing heldDec 1, 2011
- Decision dateFeb 1, 2012
Cite for
- Issues of Personal Conduct and Omissions on Security Clearance Applications
- Mitigation of Financial Considerations Under Guideline F
- Evaluation of IT Security Concerns Under Guideline M