Summary
The applicant, a 35-year-old systems engineer for a DOD contractor, faced security clearance denial under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to falsification of employment and financial information. The judge found that the applicant's lack of candor and significant financial issues raised serious concerns about his reliability and trustworthiness, leading to the denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: You falsified material facts on an Electronic Questionnaire or Investigations Process (e-QIP), signed by you on March 12, 2012, in response to the following subsection of Section 13A - Employment Activities regarding your employment at [Company A]: "Provide the reason for leaving the employment activity." You answered "Got laid off due to project ended" and deliberately failed to report that you quit your job at [Company A] after being told you would be fired (2.a). You falsified material facts during your personal subject interview on April 2, 2012, with a DoD authorized investigator, when you stated that you were laid off from your position at [Company A] in January 2004 due to a project ending, when you then knew and sought to conceal that you quit your job at [Company A] after being told you would be fired (2.b). You falsified material facts on a Questionnaire for Public Trust Positions (SF85P) signed by you on August 30, 2010, in response to the Section 12 Your Employment Record Has any of the following happened to you in the last 7 years? . . . (1) Fired from a job, (2) Quit a job after being told you’d be fired, (3) Left a job by mutual agreement following allegations of misconduct, (4) Left a job by mutual agreement following allegations of unsatisfactory performance, (5) Left a job for other reason under unfavorable circumstances. You answered "No," and deliberately failed to report that you quit your job at [Company A] after being told you would be fired (2.c). You falsified material facts on a Questionnaire for Public Trust Positions (SF85P) signed by you on August 30, 2012, in response to the Section 22 Your Financial Record Are you now over 180 days delinquent on any loan or financial obligation? Include loans or obligations funded or guaranteed by the Federal Government. You answered "No," and deliberately failed to report that you were over 180 days delinquent on at least the following accounts: (1) a student loan account with [omitted] the approximate amount of $3,431, (2) an account with [omitted] in the approximate amount of $6,004, (3) a student loan account with [omitted] in the approximate amount of $30,917, (4) a student loan account with [omitted] in the approximate amount of $23,563, (2) a line of credit with [omitted] in the approximate amount of $2,084 (2.d). You failed to report that you were over 180 days delinquent on at least the following accounts: (1) a student loan account with [omitted] the approximate amount of $3,431, (2) an account with [omitted] in the approximate amount of $6,004, (3) a student loan account with [omitted] in the approximate amount of $30,917, (4) a student loan account with [omitted] in the approximate amount of $23,563, (2) a line of credit with [omitted] in the approximate amount of $2,084 (1.a). You failed to report that you were over 180 days delinquent on at least the following accounts: (1) a student loan account with [omitted] the approximate amount of $3,431, (2) an account with [omitted] in the approximate amount of $6,004, (3) a student loan account with [omitted] in the approximate amount of $30,917, (4) a student loan account with [omitted] in the approximate amount of $23,563, (2) a line of credit with [omitted] in the approximate amount of $2,084 (1.b).
The judge denied the clearance. The government raised disqualifying conditions F.1.a, F.1.c, E.2.a, E.2.b. The judge applied mitigating conditions F.2.c, F.2.d, E.3.a. The decision turned on the following: The applicant falsified material facts on his e-QIP and SF85P regarding his employment termination and financial obligations; The applicant's financial issues indicated a lack of judgment and self-control, raising security concerns.
Why the Applicant Was Denied
- The applicant falsified material facts on his e-QIP and SF85P regarding his employment termination and financial obligations.
- The applicant's financial issues indicated a lack of judgment and self-control, raising security concerns.
Conditions Referenced
- F.1.aappliedInability or Unwillingness to Satisfy Debts
- F.1.cappliedA History of Not Meeting Financial Obligations
- E.2.aappliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E.2.bappliedDeliberately Providing False or Misleading Information
- F.2.crejectedThe Person Has Received or Is Receiving Counseling for the ProblemThe applicant did not receive financial counseling.
- F.2.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant provided documentation showing he paid his student loan debts.
- E.3.arejectedThe Individual Has Acknowledged the Behavior and Taken Steps to Correct ItThe applicant's lack of candor was deemed serious enough to raise security concerns.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedNov 20, 2014
- Answer filedFeb 28, 2015Requested decision on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateNov 21, 2015
Cite For
- Falsification of Employment History Under Guideline E
- Financial Irresponsibility Under Guideline F
- Lack of Candor Impacting Security Clearance Eligibility