ISCR Case 14-01074.h1

Case Headnote

ISCR Case No. 14-01074.h1

deniedJul 1, 2014· Hon. James F. Duffy· hearing

Summary

A 32-year-old truck driver for a defense contractor was denied a security clearance under Guideline E (Personal Conduct) due to multiple instances of misconduct and a lack of candor. The Statement of Reasons detailed four specific allegations. In January 2007, the applicant was terminated from Company A for falsifying documentation and failing to perform security checks.

Subsequently, the applicant falsified his August 29, 2013, Electronic Questionnaire for Investigations Processing (e-QIP) by omitting his terminations from Company A, Company B, and Company C. During a personal subject interview, he admitted being fired from Company C for not disclosing his termination from Company B. Furthermore, he made a false statement during an Office of Personnel Management (OPM) interview, claiming he forgot to report his termination from Company B on his e-QIP.

The denial was based on the applicant's termination from three jobs for misconduct, including falsifying documentation and failing to perform duties. The judge found that the applicant intentionally omitted material information from his e-QIP, raising concerns about his honesty and reliability, and that he admitted to lying about his employment history during the security clearance process. The judge cited insufficient evidence of rehabilitation and ongoing concerns about the applicant's reliability and trustworthiness.

Why the Applicant Was Denied

The applicant was terminated from three jobs for misconduct, including falsifying documentation and failing to perform duties.
The applicant intentionally omitted material information about his terminations from his e-QIP, raising questions about his honesty and reliability.
The applicant admitted to lying about his employment history during the security clearance process.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information
AG ¶ 16(d)appliedCredible Adverse Information
AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability to Exploitation

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 issuedMay 1, 2014
Answer filedMay 19, 2014Applicant elected to have the case decided on the written record.
Hearing heldAug 14, 2014
Decision dateSep 18, 2014

Cite For

Denial of Security Clearance Due to Falsification of Employment History
Impact of Personal Conduct on Security Clearance Eligibility
Importance of Honesty in the Security Clearance Process

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant’s employment at a security firm (hereafter referred to a Company A) was terminated in January 2007 for falsifying documentation and not performing security checks.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.b	He falsified his Electronic Questionnaire for Investigations Processing (e-QIP) of August 29, 2013, by failing to disclose his termination of employment from Company A and from two other companies (hereafter referred to as Company B and Company C).	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.c	During a personal subject interview, he stated that he was fired from Company C because he failed to disclose to that company his termination of employment from Company B.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.d	He made a false statement during an Office of Personnel Management (OPM) interview by claiming he forgot to report his termination of employment for cause from Company B when he filled out his e-QIP.	For Applicant	Lack of Candor in Interview	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant’s employment at a security firm (hereafter referred to a Company A) was terminated in January 2007 for falsifying documentation and not performing security checks.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

1.b

He falsified his Electronic Questionnaire for Investigations Processing (e-QIP) of August 29, 2013, by failing to disclose his termination of employment from Company A and from two other companies (hereafter referred to as Company B and Company C).

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

1.c

During a personal subject interview, he stated that he was fired from Company C because he failed to disclose to that company his termination of employment from Company B.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Employment History

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

1.d

He made a false statement during an Office of Personnel Management (OPM) interview by claiming he forgot to report his termination of employment for cause from Company B when he filled out his e-QIP.

For Applicant

Lack of Candor in Interview

—

Admitted

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES