Summary
A 32-year-old defense contractor employee was denied a security clearance due to issues under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The denial stemmed from significant financial difficulties and the willful falsification of information on her June 1999 Security Clearance Application (SCA).
Specifically, the Applicant knowingly failed to disclose a 1995 vehicle repossession on her SCA, only revealing it nine months later in a sworn statement. This omission was deemed a violation of 18 U.S.C. Section 1001. Additionally, she failed to disclose approximately $8,100 in past due indebtedness to 13 creditors on her SCA, attributing this to reliance on unauthorized advice from a "general clerk."
The Administrative Judge found that the Applicant did not demonstrate a good-faith effort to resolve her debts and was not candid about her financial history. Despite claims of addressing her indebtedness, no supporting documentation was provided. The Applicant's admitted financial difficulties, lack of candor, and related criminal conduct ultimately led to the denial of her security clearance.
Why the Applicant Was Denied
- The Applicant did not provide evidence of a good-faith effort to repay overdue creditors or resolve debts.
- The Applicant was less than candid about the repossession of her vehicle, violating 18 U.S.C. Section 1001.
Conditions Referenced
- F3raisedInability or Unwillingness to Satisfy Debts
- E2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
- J1raisedCriminal Conduct That Creates a Risk of Harm to National Security
- F3rejectedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control (e.g., Loss of Employment, Unexpected Medical Emergency)The Applicant did not provide sufficient evidence to support her claims of financial hardship.
- E2rejectedThe Individual Did Not Voluntarily Disclose Relevant InformationThe Applicant's reliance on bad advice was not sufficient to mitigate the lack of candor.
- J2rejectedThe Individual Has Taken Positive Steps to Reduce or Eliminate the Risk of Criminal ConductThe Applicant failed to demonstrate any positive steps taken to address her financial issues.
Key Rule Quoted
“The Government must make out a case under Guideline F (Financial Considerations), Guideline E (Personal Conduct) and Guideline J (Criminal Conduct), which establishes doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedJan 31, 2002
- Answer filedMar 7, 2002
- Hearing held—Determined on a written record in lieu of a hearing.
- Decision dateSep 23, 2002
Cite For
- Failure to Demonstrate Good-faith Effort to Resolve Debts Under Guideline F
- Willful Falsification of Information Under Guideline E
- Impact of Financial Difficulties on Security Clearance Eligibility Under Guideline J