Summary
The applicant, a 53-year-old legal assistant, faced security clearance denial under Guidelines E (Personal Conduct) and F (Financial Considerations) due to significant financial delinquencies and deliberate falsification of her security clearance application. Despite some efforts to address her debts, the judge found her financial situation unresolved and her conduct reflected poorly on her reliability and judgment.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant failed to report any financial issues on her 2010 security clearance application. She knew she had financial problems since 2007, and knew that they were not resolved at the time she completed the application. She discussed them with her hiring manager. However, she decided to answer “No” to seven questions. Her knowing decision to conceal these facts constitutes deliberate falsification (2.a). Applicant owed medical debts of $272 (1.a). Applicant owed medical debts of $180 (1.b). Two of Applicant’s creditors filed judgments against her in June 2009 for $19,176 (1.c). Two of Applicant’s creditors filed judgments against her in June 2009 for $6,949 (1.d). Applicant owed delinquent debts of $5,315 (1.e). Applicant owed delinquent debts of $5,096 (1.f). Applicant owed delinquent debts of $7,741 (1.g). Applicant's mortgage loan is more than $16,000 past due, with a loan balance of $93,000 (1.h).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 16(a). The judge applied mitigating conditions AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: Applicant had significant unpaid debts and a history of financial irresponsibility; Applicant deliberately failed to disclose financial delinquencies on her security clearance application, constituting falsification; The applicant's financial issues were not due to circumstances beyond her control.
Why the applicant was denied
- Applicant had significant unpaid debts and a history of financial irresponsibility.
- Applicant deliberately failed to disclose financial delinquencies on her security clearance application, constituting falsification.
- The applicant's financial issues were not due to circumstances beyond her control.
Conditions referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 20(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
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key rule quoted
“A security clearance decision is intended only to resolve the questions of whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural posture
- SOR issuedAug 31, 2012
- Answer filedUndated
- Hearing heldDec 18, 2012
- Decision dateJan 31, 2013
Cite for
- Deliberate Falsification of Security Clearance Applications Under Guideline E
- Financial Irresponsibility and Its Impact on Security Clearance Eligibility Under Guideline F
- The Importance of Full Disclosure in Security Clearance Applications.