Summary
A pro se applicant sought Common Access Credential (CAC) eligibility, which was ultimately granted despite an allegation under Guideline E (Personal Conduct). The sole allegation concerned a material omission on a Declaration for Federal Employment form (Optional Form 306), dated May 12, 2014. The applicant answered "No" to a question asking about job terminations within the last five years, failing to disclose a termination from Employer A on March 5, 2010, for not meeting position requirements. While the record lacked direct evidence of this termination, the applicant admitted to it in a June 18, 2015, response to the Statement of Reasons.
The judge found the omission to be unintentional, accepting the applicant's explanation that they believed the termination fell outside the five-year reporting period. Further supporting the decision, the applicant's subsequent e-QIP form included the relevant employment history, demonstrating a good faith effort to provide accurate information.
Additionally, favorable character references attested to the applicant's professionalism and trustworthiness. Based on these mitigating factors, the judge granted CAC eligibility.
Why the Applicant Prevailed
- The applicant provided a credible explanation for the omission, believing the termination was outside the reporting period.
- The applicant's subsequent e-QIP form included relevant employment history, demonstrating a good faith effort to provide accurate information.
- Favorable character references attested to the applicant's professionalism and trustworthiness.
Conditions Referenced
- 3.araisedMaterial, Intentional False Statement, Deception, or Fraud
- 3.c(2)appliedUnintentional or Inadvertent MisstatementThe applicant's omission was found to be unintentional and followed by a prompt effort to correct the situation.
Key Rule Quoted
“A CAC will not be issued to a person if there is a reasonable basis to believe, based on the individual’s material, intentional, false statement, deception, or fraud in connection with federal or contract employment, that issuance of a CAC poses an unacceptable security risk.”
Procedural Posture
- SOR issuedMay 22, 2015
- Answer filedJun 18, 2015Applicant requested a decision based on the written record.
- Hearing heldJan 8, 2016
- Decision dateNot specifiedDecision issued after review of the record.
Cite For
- Unintentional Omission of Employment History Under Guideline A
- Credibility of Applicant's Explanation Regarding Employment Termination
- Character References Supporting Trustworthiness Under Guideline B