Summary
The applicant, a 54-year-old male with a military background, faced security concerns under Guideline E (personal conduct) and Guideline F (financial considerations) due to a history of undisclosed arrests and significant unpaid debts. The administrative judge found that the applicant failed to mitigate these concerns, leading to a denial of his security clearance application.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant deliberately failed to disclose his past felony charge and his past alcohol, and drug-related citations, arrests, and charges (2.a). You have a state tax lien in the amount of $16,009 from a state where you claim you have never lived (1.a). You owe a state tax lien in the amount of $1,848 (1.b). You owe medical debts totaling approximately $5,600 (1.c). You owe medical debts totaling approximately $5,600 (1.d). You owe medical debts totaling approximately $5,600 (1.e). You owe $831 for communication services (1.f). You failed to file your 2014 federal income tax return as required (1.g). You failed to file your 2014 federal income tax return as required. As of the date of the SOR the return remains unfiled (1.p).
The judge denied the clearance. The government raised disqualifying conditions F.19(a), F.19(c), F.19(g), E.16(a). The judge applied mitigating conditions F.20(b), F.20(c), F.20(d), E.17(a), E.17(c). The decision turned on the following: Applicant deliberately failed to disclose past felony and DUI arrests on his security clearance application; Numerous unpaid debts and a failure to file his 2014 federal income tax return raised significant security concerns; The applicant's explanations for his omissions were deemed not credible, casting doubt on his reliability and trustworthiness.
Why the Applicant Was Denied
- Applicant deliberately failed to disclose past felony and DUI arrests on his security clearance application.
- Numerous unpaid debts and a failure to file his 2014 federal income tax return raised significant security concerns.
- The applicant's explanations for his omissions were deemed not credible, casting doubt on his reliability and trustworthiness.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- F.19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- E.16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- F.20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlInsufficient evidence was provided to conclude that the applicant acted responsibly prior to the hearing.
- F.20(c)rejectedThe Person Has Received or Is Receiving Counseling for the ProblemThe applicant did not provide evidence that his financial problems are under control.
- F.20(d)rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue CreditorsThe applicant's actions were limited to post-hearing efforts.
- E.17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant did not make prompt efforts to correct his omissions before being confronted.
- E.17(c)rejectedThe Offense Is so Minor or Infrequent That It Is Unlikely to RecurThe applicant's omissions were serious and did not occur under unique circumstances.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedJun 16, 2015
- Answer filedAug 4, 2015
- Hearing heldNov 17, 2015
- Decision dateDec 17, 2015
Cite For
- Deliberate Omission of Relevant Facts Under Guideline E
- Failure to Mitigate Financial Concerns Under Guideline F
- Credibility Issues Impacting Security Clearance Eligibility