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Summary

The applicant, a 30-year-old defense contractor employee, faced security concerns under Guidelines E (personal conduct), F (financial considerations), and J (criminal conduct) due to falsification of information on his e-QIP, a DWI conviction, and significant delinquent debts. The judge found that the applicant failed to mitigate these concerns, leading to a denial of his security clearance.

Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Falsified his responses to questions in two e-QIP sections (1.a). Falsified his responses to questions in two e-QIP sections (1.b). Terminated from a job after testing positive for marijuana in December 2006 (1.c). Applicant has a delinquent debt of $1,000 on a credit card account (3.a). Applicant has a delinquent debt of $2,500 on a personal loan account (3.b). Applicant has a delinquent debt of $3,000 on a medical account (3.c). Applicant has a delinquent debt of $4,000 on a utility account (3.d). Applicant has a delinquent debt of $5,000 on a student loan account (3.e). Applicant has a delinquent debt of $6,000 on a mortgage account (3.f). Applicant has a delinquent debt of $700 on a tax account (3.g). Applicant has a delinquent debt of $1,500 on a personal loan account (3.h). Applicant has a delinquent debt of $800 on a credit card account (3.i). Applicant has a delinquent debt of $1,200 on a medical account (3.j). Applicant has a delinquent debt of $1,500 on a utility account (3.k). Applicant has a delinquent debt of $2,000 on a student loan account (3.l). Applicant has a delinquent debt of $1,000 on a personal loan account (3.m). Applicant has a delinquent debt of $1,000 on a credit card account (3.n). Applicant failed to file his 2009, 2010, and 2011 tax returns as required (3.s). Applicant was arrested for driving while intoxicated (DWI) and other traffic offenses in May 2011 and was found guilty of the DWI offense (2.a).

The judge denied the clearance. The government raised disqualifying conditions E3.1.15. The decision turned on the following: The applicant intentionally provided false responses on his e-QIP regarding his criminal history and drug use; The applicant was convicted of DWI and was on probation at the time of the decision; The applicant had significant delinquent debts and failed to file required tax returns.

Why the Applicant Was Denied

• The applicant intentionally provided false responses on his e-QIP regarding his criminal history and drug use.
• The applicant was convicted of DWI and was on probation at the time of the decision.
• The applicant had significant delinquent debts and failed to file required tax returns.

Conditions Referenced

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

• SOR issuedMar 18, 2013
• Answer filedMay 1, 2013Applicant elected to proceed without a hearing.
• Hearing held—Written record decision.
• Decision dateSep 5, 2013

Cite For

• Failure to Mitigate Personal Conduct Issues Under Guideline E
• Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
• Financial Irresponsibility as a Disqualifying Factor Under Guideline F