Summary
The applicant, a 33-year-old single man with an infant child, faced security concerns under Guideline E (personal conduct) and Guideline F (financial considerations). While he successfully mitigated financial issues related to approximately $70,000 in delinquent debts, he failed to mitigate concerns regarding his personal conduct, specifically related to omissions and misstatements on his security clearance application. Consequently, his application for a security clearance was denied.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: You omitted a 2006 arrest from your 2011 security clearance application (2.a). You falsified material facts on an Electronic Questionnaires for Investigations Processing (SF85-P format), executed by you on June 7, 2011, when in response to 'Section 23: Illegal Drugs In the last 7 years . . . have you illegally used any controlled substance, for example, marijuana . . . ?' You answered 'No,' whereas you knew then and intentionally sought to conceal that you had illegally used marijuana from 2001 to at least 2005 (2.b). You provided false or misleading information concerning relevant facts to an investigator during a security clearance interview (2.c). $618 breach of lease penalty incurred in 2009 after moving from his apartment before the lease expired (1.a). $51 medical bill incurred in 2011 after he ruptured his Achilles’ heel (1.b). $41,000 in student loans (1.c). $6,496 overpayment for unemployment benefits received in 2011 (1.e). $687 overpayment for unemployment benefits received in 2011 (1.f). $38 fine for overdue library books (1.i). $13,478 delinquent credit card debt (1.j). $7,636 delinquent credit card debt (1.k). $426 owed to a storage company (1.l).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 16(a), AG ¶ 16(b). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: Applicant failed to disclose a 2006 arrest on his security clearance application; Applicant provided contradictory statements regarding his marijuana use during the security clearance process.
Why the applicant prevailed
- Applicant mitigated financial concerns by satisfying debts and establishing payment plans.
- Applicant demonstrated responsible financial behavior following a period of unemployment.
Conditions referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedReceived Counseling for the Problem And/or Clear Indications That the Problem Is Being Resolved
- AG ¶ 20(d)appliedInitiated a Good-faith Effort to Repay Overdue Creditors
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 issuedOct 27, 2014
- Answer filed—Applicant admitted all Guideline F allegations and denied Guideline E allegations.
- Hearing heldAug 24, 2015Hearing conducted with both Government and Applicant exhibits.
- Decision dateDec 8, 2015
Cite for
- Mitigation of Financial Considerations Under Guideline F
- Disqualifying Conditions Related to Personal Conduct Under Guideline E
- Importance of Full Disclosure in Security Clearance Applications