ISCR Case 09-07647.h1

Case Headnote

ISCR Case No. 09-07647.h1

deniedJan 13, 2011· Hon. Juan J. Rivera· hearing

Summary

A 43-year-old naturalized U.S. citizen and software engineer, originally from Iraq, was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), E (Personal Conduct), and F (Financial Considerations). The denial stemmed from the applicant's falsification of his 2004 security clearance application, his failure to comply with out-processing procedures after employment termination in Iraq, and his financial issues.

Specifically, the applicant failed to disclose his marriage in February 2004 on his security clearance application. He also deliberately disregarded his company’s out-processing procedures following his termination while deployed in Iraq, and subsequently failed to return two U.S. government identification badges, which he then used without authorization. Additionally, the applicant has numerous student loans totaling approximately $50,000 that are in default due to inconsistent payments.

Further concerns included his close relationship with his 73-year-old mother, a citizen and resident of Iraq, to whom he previously provided frequent financial assistance, including a $2,000 payment for home repairs. While he ceased this assistance upon learning of potential security concerns, the judge ultimately found that the applicant's actions demonstrated questionable judgment and a lack of candor, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant falsified his 2004 security clearance application by failing to disclose his marriage.
He disregarded company out-processing procedures after being terminated while deployed in Iraq.
He retained and used U.S. government identification badges without authorization after his termination.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(d)appliedCredible Adverse Information

Mitigating

AG ¶ 20(a)rejectedThe Behavior Was Not Recent and the Applicant Has Taken Steps to Address the IssuesThe judge found that the applicant's actions were recent and significant.
AG ¶ 20(c)rejectedThe Applicant Has Demonstrated a Willingness to Comply with Rules and RegulationsThe applicant's failure to comply with out-processing procedures undermined this claim.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedMay 14, 2010
Answer filedJun 7, 2010Applicant requested a hearing.
Hearing heldSep 16, 2010Hearing convened as scheduled.
Decision dateJan 13, 2011

Cite For

Falsification of Security Clearance Applications Under Guideline E
Failure to Comply with Out-processing Procedures Under Guideline B
Disqualifying Conditions Related to Personal Conduct Under AG ¶ 16

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	Applicant has numerous relatives who are residents and/or citizens of Middle East countries. His mother is 73 years old. She is a citizen and resident of Iraq. He has a close relationship of affection and obligation with his mother. In the past, he provided his mother with financial assistance. He used to send her $300 to $400 a month on a frequent basis. One time, he sent her $2,000 for repairs on her home in Iraq. He stopped providing financial assistance to his mother when he was informed that doing so could create security clearance concerns.	For Applicant	Parent in Foreign Country Immediate Family	Iraq	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has numerous relatives who are residents and/or citizens of Middle East countries. His mother is 73 years old. She is a citizen and resident of Iraq. He has a close relationship of affection and obligation with his mother. In the past, he provided his mother with financial assistance. He used to send her $300 to $400 a month on a frequent basis. One time, he sent her $2,000 for repairs on her home in Iraq. He stopped providing financial assistance to his mother when he was informed that doing so could create security clearance concerns.

For Applicant

Parent in Foreign Country

Immediate Family

Iraq

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
3.a	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

3.a

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Unknown

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Falsified his 2004 security clearance application (SCA) by failing to disclose his marriage in February 2004.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.b	Deliberately disregarded his company’s out-processing procedures after he was terminated from his employment while deployed to Iraq.	Against Applicant	Rules Violation at Workplace	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.c	Failed to return and used without authorization the two U.S. government identification badges issued to him after he was terminated from his employment.	Against Applicant	Misuse of Employer Time or Resources	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Falsified his 2004 security clearance application (SCA) by failing to disclose his marriage in February 2004.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.b

Deliberately disregarded his company’s out-processing procedures after he was terminated from his employment while deployed to Iraq.

Against Applicant

Rules Violation at Workplace

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.c

Failed to return and used without authorization the two U.S. government identification badges issued to him after he was terminated from his employment.

Against Applicant

Misuse of Employer Time or Resources

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
4.a	Applicant has numerous student loans totaling approximately $50,000, which he has failed to pay consistently, leading to them being in default. $50,000	For Applicant	Student Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Debt Paid in Full Documented Payment Plan with Creditor

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

4.a

Applicant has numerous student loans totaling approximately $50,000, which he has failed to pay consistently, leading to them being in default.

$50,000

For Applicant

Student Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Debt Paid in Full

Documented

Payment Plan with Creditor

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES