Summary
The applicant, a 36-year-old sheet metal mechanic, faced security clearance denial under Guidelines E (Personal Conduct), F (Financial Considerations), H (Drug Involvement), and J (Criminal Conduct) due to a history of felony convictions, ongoing criminal behavior, and significant delinquent debts. The judge found that the applicant's continued misconduct and failure to disclose relevant information on his application raised serious doubts about his reliability and trustworthiness.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The SOR alleges Applicant falsified his security clearance application by deliberately failing to disclose two felony convictions in 1995 and a charge of assault and battery in 2006 (3.a). Delinquent debt for medical services totaling $1,000 (4.a). Delinquent debt for medical services totaling $1,500 (4.b). Delinquent debt for cable service totaling $44 (4.c). Delinquent debt for medical services totaling $500 (4.d). Delinquent debt for medical services totaling $300 (4.e). Delinquent debt for a personal loan totaling $2,000 (4.f). Delinquent debt for a personal loan totaling $3,000 (4.g). Delinquent debt for a personal loan totaling $4,000 (4.h). Delinquent debt for a personal loan totaling $5,000 (4.i). Delinquent debt for a personal loan totaling $6,000 (4.j). Delinquent debt for a personal loan totaling $7,000 (4.k). Delinquent debt for a personal loan totaling $8,000 (4.l). Delinquent debt for a personal loan totaling $9,000 (4.m). The SOR ¶ 2.a cross-alleges Applicant’s conviction for distribution of crack cocaine, also alleged in SOR ¶ 1.d (2.a). The applicant was charged with brandishing a firearm and assault and battery against a cohabitant in March 2007. The charges were disposed of by a nolle prosequi on August 1, 2007 (1.a). In March 1995, the applicant was charged with distribution of crack cocaine, a felony. He pleaded guilty and was sentenced to 97 months in prison, supervised release for 48 months, and a $15,000 fine (1.b). In August 1995, the applicant was charged with aiding or harboring a federal fugitive, also a felony. He pleaded guilty and was sentenced to 30 months in prison and two years of supervised release (1.c). In November 2006, the applicant was charged with assault and battery against his live-in girlfriend. He pleaded guilty (1.d). The applicant falsified his security clearance application by deliberately failing to disclose two felony convictions in 1995 and a charge of assault and battery in 2006 (1.e).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 16(a), AG ¶ 25(c), AG ¶ 31(a). The decision turned on the following: The applicant had two felony convictions for drug distribution and aiding a fugitive, which raised significant security concerns; The applicant falsified his security clearance application by omitting felony convictions and providing misleading information about his employment and residence history; The applicant admitted to 13 delinquent debts totaling approximately $25,644, indicating financial irresponsibility.
Why the Applicant Was Denied
- The applicant had two felony convictions for drug distribution and aiding a fugitive, which raised significant security concerns.
- The applicant falsified his security clearance application by omitting felony convictions and providing misleading information about his employment and residence history.
- The applicant admitted to 13 delinquent debts totaling approximately $25,644, indicating financial irresponsibility.
Conditions Referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 25(c)appliedIllegal Drug Possession, Including Distribution
- AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedJun 5, 2008
- Answer filedJun 27, 2008
- Hearing heldOct 20, 2008
- Decision dateOct 31, 2008
Cite For
- Falsification of Security Clearance Applications Under Guideline E
- Impact of Felony Convictions on Security Clearance Eligibility Under Guideline J
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F