Summary
The applicant, a 47-year-old defense contractor, faced security clearance denial under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct) due to a history of criminal activity, dishonesty in his security clearance application, and significant financial indebtedness. The judge found that the applicant's long history of misconduct demonstrated poor judgment and unreliability, with insufficient evidence of rehabilitation or financial responsibility.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant failed to disclose that he was actually separated with a Bad Conduct Discharge (2.a). The criminal conduct outlined above reveals that the Applicant has engaged in a history of personal conduct that shows poor judgment, unreliability and untrustworthiness (2.b). A delinquent debt in the amount of $12,170 owed for restitution for funds stolen from the Dallas County Volunteer Fire Department (3.a). A delinquent debt owed to a utility company in the amount of $404 (3.b). A delinquent debt owed to a telephone company in the amount of $1,205 (3.c). A delinquent debt owed to a cash advance company in the amount of $913 (3.d). A delinquent debt owed to a cable company in the amount of $207 (3.e). A delinquent debt owed to a creditor in the amount of $375 (3.f). A delinquent debt owed to a gas company in the amount of $134 (3.g). A delinquent debt owed to a creditor in the amount of $206 (3.h). A delinquent debt owed to a cable company in the amount of $241 (3.i). A delinquent debt owed to a telephone company in the amount of $106 (3.j). A delinquent debt owed to a creditor in the amount of $413 (3.k). A delinquent debt owed to a creditor in the amount of $526 (3.l). A delinquent debt owed to a creditor in the amount of $1,221 (3.m). A delinquent credit card debt in the amount of $1,001 (3.n). A delinquent credit card debt in the amount of $630 (3.o). A delinquent credit card debt in the amount of $974 (3.p). A delinquent debt owed to a cable company in the amount of $242 (3.q). A delinquent debt owed to a utility company in the amount of $248 (3.r). A delinquent debt owed to a creditor in the amount of $624 (3.s). A delinquent debt owed to a state in the amount of $531 (3.t). Applicant pled guilty to five counts of uttering worthless checks, a felony, in September 1991. He received a five year deferred sentence and completed five years probation (1.a). While serving on active duty in the U.S. Air Force in January 1992, Applicant was convicted at a General Court-Martial of uttering bad checks totaling approximately $6,000 and failure to pay debts. He was sentenced to a Bad Conduct Discharge, 21 months confinement, and a reduction to paygrade E-1 (1.b). In December 2004, Applicant was charged with 1st degree theft over $2,500 for stealing approximately $18,000 by writing unauthorized checks on the Department’s bank account while serving as a firefighter and bookkeeper (1.c). In January 2008, Applicant was arrested and charged with Driving While Intoxicated (DWI). He pled guilty to misdemeanor Driving While Intoxicated, paid a fine, served a year on probation, and his conviction was then discharged (1.d).
The judge denied the clearance. The government raised disqualifying conditions J31(a), J31(c), E16(a), E16(c), F19(a), F19(c). The decision turned on the following: Applicant has a long history of criminal conduct, including a felony conviction and a Bad Conduct Discharge from military service; Applicant was untruthful regarding his military discharge on his security clearance application, indicating a lack of candor; Applicant has significant financial indebtedness, including unpaid restitution, demonstrating an inability to manage his financial affairs.
Why the Applicant Was Denied
- Applicant has a long history of criminal conduct, including a felony conviction and a Bad Conduct Discharge from military service.
- Applicant was untruthful regarding his military discharge on his security clearance application, indicating a lack of candor.
- Applicant has significant financial indebtedness, including unpaid restitution, demonstrating an inability to manage his financial affairs.
Conditions Referenced
- J31(a)raisedCriminal Conduct - Serious Crime or Multiple Offenses
- J31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct
- E16(a)raisedPersonal Conduct - Deliberate Omission, Concealment, or Falsification
- E16(c)raisedPersonal Conduct - Credible Adverse Information in Several Areas
- F19(a)raisedFinancial Considerations - Inability or Unwillingness to Satisfy Debts
- F19(c)raisedFinancial Considerations - History of Not Meeting Financial Obligations
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedNov 20, 2013
- Answer filedDec 6, 2013Applicant elected to proceed without a hearing.
- Hearing held—Determined on written record.
- Decision dateMar 25, 2014
Cite For
- Demonstrating the Impact of a Criminal History on Security Clearance Eligibility
- The Importance of Candor in Security Clearance Applications
- The Significance of Financial Responsibility in Security Clearance Determinations