Summary
A 48-year-old engineer and former U.S. Navy lieutenant commander was denied a security clearance under Guidelines E (Personal Conduct), F (Financial Considerations), and M (Use of Information Technology). The denial stemmed primarily from his failure to disclose significant past misconduct during his military service on security clearance applications. This included a punitive letter of reprimand and non-judicial punishment, as well as falsification of employment history.
Regarding financial considerations, the applicant filed for Chapter 7 bankruptcy in January 1990, discharging approximately $23,000 in debt by May 1990. He later filed for Chapter 13 bankruptcy in October 2008, listing assets of $819,000 and liabilities of $935,000. While the applicant did not engage in unauthorized use of a system, his admissions of misconduct and falsification raised significant concerns about his reliability and trustworthiness.
Despite some positive professional evaluations and mitigating factors related to his financial situation, the judge determined that the applicant's lack of candor and questionable judgment were disqualifying. The applicant did not successfully mitigate the personal conduct security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to disclose a punitive letter of reprimand and non-judicial punishment in his security clearance applications.
- The applicant's admissions of misconduct and falsification raised significant concerns about his reliability and trustworthiness.
- The applicant did not successfully mitigate the personal conduct security concerns despite some positive professional evaluations.
Conditions Referenced
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 15raisedPersonal Conduct Raising Questions About Reliability and Trustworthiness
- AG ¶ 20(a)rejectedThe Individual Has Acknowledged the Behavior and Taken Steps to Correct ItThe applicant acknowledged his misconduct but did not provide sufficient evidence to mitigate the concerns.
- AG ¶ 20(c)appliedThe Individual Has Demonstrated Good Conduct, Reliability, and Trustworthiness Since the Incident
Key Rule Quoted
“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”
Procedural Posture
- SOR issuedMar 24, 2011
- Answer filedJun 5, 2011
- Hearing heldDec 6, 2011
- Decision dateFeb 29, 2012
Cite For
- Failure to Disclose Military Misconduct Under Guideline E
- Falsification of Security Clearance Applications as a Disqualifying Factor
- Consideration of Personal Conduct in Security Clearance Determinations