Summary
A 49-year-old merchant mariner was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to falsifying academic qualifications on employment and security clearance applications.
The applicant claimed to possess a bachelor of science degree, which he had not earned, on a defense contractor employment application in June 2000. He repeated this falsification on a security clearance application (SF-86), which he certified and signed on July 20, 2000. These actions constituted knowingly and willfully making a false statement on a Federal security application, in violation of 18 U.S.C. § 1001.
Despite the applicant acknowledging the falsifications when confronted, the judge found this voluntary admission insufficient to mitigate the concerns. The deliberate falsification on multiple applications raised serious questions about his judgment and reliability, ultimately leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant deliberately falsified his academic qualifications on multiple applications.
- The applicant's conduct raised serious questions about his judgment and reliability.
- The applicant's voluntary acknowledgment of falsifications was insufficient to mitigate the concerns raised by his actions.
Conditions Referenced
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A5.1.2.4raisedPersonal Conduct or Concealment of Information That Increases Vulnerability to Coercion
- E2.A10.1.1raisedHistory or Pattern of Criminal Activity Creates Doubt About Judgment
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
- E2.A5.1.3.2rejectedFalsification Was an Isolated Incident, Not Recent, and Corrected VoluntarilyThe falsifications were not isolated and were recent.
- E2.A10.1.3.1rejectedCriminal Behavior Was Not RecentThe falsifications were recent.
- E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentThe falsifications occurred on multiple applications.
- E2.A10.1.3.6rejectedClear Evidence of Successful RehabilitationNo evidence of rehabilitation was presented.
Key Rule Quoted
“[N]o one has a 'right' to a security clearance.”
Procedural Posture
- SOR issuedOct 15, 2002
- Answer filedDec 3, 2002Applicant requested determination on the record.
- Hearing held—No hearing; case determined on the record.
- Decision dateFeb 26, 2003
Cite For
- Falsification of Academic Credentials Under Guideline E
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Insufficient Mitigating Factors for Deliberate Falsification of Information