Summary
A 45-year-old defense contractor employee was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant had filed for Chapter 7 bankruptcy in 1986, discharging approximately $10,000 in unsecured debts. He filed for bankruptcy again in 2000 following a divorce, but failed to provide evidence of debt discharge for several creditors from this second filing, or to explain the circumstances leading to it.
Additionally, the applicant admitted to a misdemeanor domestic violence charge in August 1999, pleading nolo contendere and receiving probation, a fine, and a requirement to attend a Domestic Violence Intervention program. Crucially, he omitted this and a DUI arrest from his June 1999 security clearance application (SF 86), despite certifying the form as "true, complete, and correct" and being advised of potential penalties for false statements under 18 U.S.C. Section 1001.
The judge determined that the applicant's omissions constituted deliberate falsification, reflecting questionable judgment and untrustworthiness. While alcohol-related incidents did not indicate a pattern, the lack of evidence for debt discharge and the deliberate concealment of adverse information, including a DUI arrest, led to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to provide evidence of the discharge of his debts from bankruptcy filings.
- He deliberately omitted adverse information regarding his DUI arrest and financial issues from his security clearance application.
- The applicant's conduct was found to reflect questionable judgment and untrustworthiness.
Conditions Referenced
- F1raisedFinancial Considerations
- G1raisedAlcohol Consumption
- E2raisedPersonal Conduct
- J2raisedCriminal Conduct
- G1appliedAlcohol ConsumptionThe alcohol-related incident was isolated and did not indicate a pattern.
Key Rule Quoted
“A knowing and willful false statement of this form could be punished by fine or imprisonment or both under Section 1001 of Title 18 of the United States Code.”
Procedural Posture
- SOR issuedOct 12, 2000
- Answer filedDec 29, 2000Notarized response admitting to allegations.
- Hearing held—
- Decision dateJun 26, 2001
Cite For
- Deliberate Falsification of Security Clearance Application Under Guideline E
- Financial Irresponsibility and Its Impact on Security Clearance Under Guideline F
- Isolated Alcohol-related Incidents and Their Mitigation Under Guideline G