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Summary

A 33-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant owed approximately $13,300 to six creditors, with multiple judgments against him. Specific debts included a $361 department store debt paid in December 1999, a $1,205 rental debt that was paid, and a vehicle debt of $3,0412.00 with no payments for three years.

Other financial issues included two credit union debts, one for $636 with a $594 judgment, and another with a $3,044 judgment. He also had a $2,226.36 judgment for unpaid rent, on which he began paying $40 monthly in March 2002, with an $850 balance remaining. Additionally, a department store secured an $1,813.75 judgment satisfied by garnishment in December 1999, and hospital judgments totaling $3,258.00 and $3,537.09 were satisfied by December 1999.

Beyond financial concerns, the applicant failed to disclose delinquent debts, civil court actions, and arrests on security clearance questionnaires. He was arrested in 1994 for "hindering and resisting arrest" (found not guilty) and in 2000 for felony first-degree assault and other misdemeanor assault charges (all dismissed or not prosecuted). The judge found insufficient evidence to mitigate the negative implications of his criminal conduct and falsifications, leading to the denial of his security clearance.

Why the Applicant Was Denied

• The Applicant failed to disclose his 1994 and 2000 arrests on security clearance questionnaires, demonstrating a lack of candor.
• The Applicant's recent criminal conduct raised doubts about his judgment and reliability, particularly the 2000 arrest.
• The record did not provide clear evidence of successful rehabilitation from his criminal conduct.

Conditions Referenced

Key Rule Quoted

“"the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”

Procedural Posture

• SOR issuedJan 7, 2002
• Answer filedFeb 27, 2002
• Hearing heldJul 1, 2002
• Decision dateDec 17, 2002

Cite For

• Lack of Candor in Security Clearance Applications Under Guideline E
• Financial Irresponsibility and Its Implications Under Guideline F
• Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J