Summary
A 46-year-old defense contractor and former Army service member was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant's history included serious misconduct and financial irresponsibility, which the judge determined were not adequately mitigated.
Specific allegations included the theft of telephone services, making a false sworn statement to a criminal investigator, forging a lieutenant colonel’s signature, falsifying a security clearance application, and lying to a Defense Security Service (DSS) special agent. The applicant also admitted to using cocaine on December 31, 2005, while holding a security clearance. Financial concerns involved delinquent debts of $171 and $1,039.
The denial was based on the applicant's history of serious misconduct, including drug use and false statements, and a failure to provide sufficient evidence of responsible actions taken to resolve delinquent debts. The judge concluded that the applicant's ongoing financial problems indicated poor self-control and judgment, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant had a history of serious misconduct, including theft of services, false statements, and drug use while holding a security clearance.
- The applicant failed to provide sufficient evidence of responsible actions taken to resolve his delinquent debts.
- The applicant's financial problems were ongoing and indicative of poor self-control and judgment.
Conditions Referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- E.2.araisedCriminal Conduct
- E.2.braisedDishonesty or Lack of Candor
- E.2.craisedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
- E.2.draisedViolation of Trust
- F.2.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's financial problems are ongoing and have not been resolved.
- F.2.brejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlWhile some circumstances were beyond the applicant's control, he did not act responsibly to resolve his debts.
- F.2.crejectedThe 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 ControlThe applicant did not provide evidence of recent financial counseling or a credible plan to resolve debts.
- F.2.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant admitted responsibility for some debts but did not demonstrate sufficient action to resolve them.
- F.2.enotedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt Which Is the Cause of the Problem
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedFeb 5, 2010
- Answer filedMar 11, 2010Requested a decision on the record.
- Hearing held—
- Decision dateAug 25, 2010
Cite For
- Denial of Security Clearance Due to Ongoing Financial Irresponsibility
- Serious Personal Conduct Issues Impacting Security Clearance Eligibility
- Lack of Sufficient Evidence to Mitigate Disqualifying Conditions Under Guidelines E and F