Summary
The applicant, a 37-year-old field services technician, faced security concerns under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline F (Financial Considerations) due to his deliberate concealment of a relationship with a foreign national and delinquent debts. The judge found that the applicant failed to mitigate these concerns, leading to a denial of his security clearance application.
Under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant’s wife is a citizen of and resides in a foreign country (1.a). Applicant’s mother-in-law is a citizen of and resides in a foreign country (1.b). Applicant deliberately made a false statement to an agency of the United States by failing to disclose a close and continuing relationship with a foreign national, to wit, his then-girlfriend and current wife, as he was required to disclose in response to EQIP Section 19 (2.a). Applicant, while holding a DOD security clearance, deliberately concealed for nearly two years from his DOD contractor employer the fact that he had been dating a foreign national beginning in about December 2009 (2.b). Applicant violated security regulations at an overseas U.S. military installation by taking his cell phone into secured areas, despite having been counseled against doing so (2.c). Applicant owes $3,295 for a delinquent account that was referred to collection agencies (3.a). Applicant owes $12,356 for a delinquent account that was referred to collection agencies (3.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 16(a), AG ¶ 16(d), AG ¶ 16(e), AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 17(e), AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant deliberately concealed a relationship with a foreign national for nearly two years while holding a security clearance; The applicant failed to provide timely and truthful disclosures regarding his foreign relationship in his EQIP; The applicant has a history of delinquent debts and did not demonstrate a good-faith effort to resolve them.
Why the Applicant Was Denied
- The applicant deliberately concealed a relationship with a foreign national for nearly two years while holding a security clearance.
- The applicant failed to provide timely and truthful disclosures regarding his foreign relationship in his EQIP.
- The applicant has a history of delinquent debts and did not demonstrate a good-faith effort to resolve them.
Conditions Referenced
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(d)raisedCredible Adverse Information
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 17(e)appliedThe Relationship Is Now a Matter of Record
- AG ¶ 20(a)rejectedBehavior Occurred Long Ago or InfrequentlyThe applicant's financial issues are ongoing and not resolved.
- AG ¶ 20(b)rejectedConditions Beyond the Person's ControlWhile some financial issues stemmed from personal tragedy, the applicant's current debts are not mitigated.
- AG ¶ 20(c)rejectedCounseling or Resolution of Financial ProblemsThe applicant did not demonstrate effective steps to resolve his debts.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay DebtsThe applicant's single payment post-SOR does not constitute a serious attempt to resolve debts.
Key Rule Quoted
“A security clearance decision is intended only to resolve 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 issuedJul 23, 2013
- Answer filed—Applicant requested a decision without a hearing.
- Hearing held—No hearing; decision made based on written submissions.
- Decision dateSep 30, 2014
Cite For
- Deliberate Concealment of Foreign Relationships Under Guideline E
- Failure to Mitigate Financial Obligations Under Guideline F
- Impact of Personal Conduct on Security Clearance Eligibility