Summary
A 40-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant was found to have been untruthful about material aspects of her personal background during the clearance process, specifically providing false negative answers regarding past arrests, convictions, and delinquent debts on her security clearance application. This deliberate omission and falsification of facts raised significant concerns about her trustworthiness and reliability.
The applicant faced several financial allegations, including an eight-year delinquent hospital debt of $16,384, a $58,623 delinquent mortgage with initiated foreclosure proceedings, a $128 doctor's bill referred to collections in 1995, and a $750 delinquent gas bill from 1996. Additionally, a 1996 check for insufficient funds was referred to the sheriff for prosecution. While some financial issues were mitigated, such as the applicant paying a debt she initially did not recall to clear her record, these efforts did not overcome the other concerns.
The government also alleged that the applicant's false official statements constituted felony criminal conduct under Title 18 United States Code section 1001, further raising doubts about her trustworthiness. Ultimately, the judge determined that the applicant's misrepresentations during the clearance process were a primary factor in the denial.
Why the applicant was denied
- Applicant was untruthful about material aspects of her personal background during the clearance screening process.
- Applicant provided false negative answers regarding past arrests, convictions, and delinquent debts on her security clearance application.
- Applicant's conduct raised significant concerns about her trustworthiness and reliability.
Conditions referenced
- E2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.3appliedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters
- J1appliedAllegations or Admissions of Criminal Conduct
- F3appliedConditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- F6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
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 issuedSep 14, 2001
- Answer filedOct 3, 2001notarized
- Hearing held—Applicant elected to have the case decided on the written record.
- Decision dateFeb 21, 2002
Cite for
- Untruthfulness in Security Clearance Applications Under Guideline E
- Criminal Conduct Related to False Statements Under Guideline J
- Mitigation of Financial Issues Despite Untruthfulness