Summary
The applicant, a 39-year-old electronic technician, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to omissions in his security clearance application regarding felony charges and delinquent debts. The judge found that the applicant failed to demonstrate a track record of financial responsibility and that his omissions were deliberate, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant omitted relevant and material information from his 2014 SCA when he failed to disclose his delinquent accounts, that he failed to file his 2012 and 2013 income tax returns, and that he was charged with felony offenses and an alcohol-related offense in 1996 (2.a). Applicant claimed that he forgot about his felony charges and alcohol-related charge because it has been 18 years since it happened. Applicant’s explanation is not credible (2.b). Applicant failed to submit sufficient credible evidence to mitigate or explain his omissions (2.c). Applicant has a delinquent account with a balance of $1,500 that was placed for collection (1.a). Applicant has a delinquent account with a balance of $2,000 that was placed for collection (1.b). Applicant has a delinquent account with a balance of $3,000 that was placed for collection (1.c). Applicant has a delinquent account with a balance of $4,000 that was placed for collection (1.d). Applicant has a delinquent account with a balance of $5,000 that was placed for collection (1.e). Applicant failed to file his federal income tax return for the tax year 2012 (1.f). Applicant failed to file his federal income tax return for the tax year 2013 (1.g).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(g), AG ¶ 16(a). The decision turned on the following: The applicant failed to demonstrate a track record of financial responsibility; The applicant's omissions in his security clearance application were found to be deliberate; The applicant did not provide sufficient evidence to mitigate the financial and personal conduct concerns.
Why the Applicant Was Denied
- The applicant failed to demonstrate a track record of financial responsibility.
- The applicant's omissions in his security clearance application were found to be deliberate.
- The applicant did not provide sufficient evidence to mitigate the financial and personal conduct concerns.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
Key Rule Quoted
“The Government has a compelling interest in ensuring each applicant possesses the requisite judgment, reliability, and trustworthiness of those who must protect national interest as their own.”
Procedural Posture
- SOR issuedFeb 5, 2015
- Answer filedJul 7, 2015Applicant elected to have case decided on written record.
- Hearing held—No hearing; case decided on written record.
- Decision dateMar 3, 2016
Cite For
- Deliberate Omission of Relevant Facts Under Guideline E
- Failure to Demonstrate Financial Responsibility Under Guideline F
- Insufficient Evidence to Mitigate Security Concerns