Summary
A 29-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 denial stemmed from unresolved delinquent debts and the intentional omission of a prior arrest from her security clearance application.
Specifically, the applicant had ten alleged delinquent debts, including a 1998 judgment for $556 in unpaid car taxes, a $140 debt to an oral surgeon, a $51 debt to a cable company, a $79 debt for a returned check to a discount store, a $180 debt to a jeweler, and a $464 debt to a bank for returned checks. Further financial issues included a $5,198 delinquent student loan, a 2000 judgment for $1,062 in homeowners association dues, a 2000 mortgage foreclosure action for $4,170, and a $10,103 charge-off from an automobile repossession in 1998. While the applicant's financial position showed some improvement, she failed to mitigate five of these ten debts.
Additionally, the applicant was arrested on November 28, 1999, for Assault and Battery of a Family Member. On April 17, 2000, when completing her security clearance application (Standard Form 86), she deliberately answered "no" to question 26, omitting this arrest. Although the arrest itself was considered an isolated incident of self-defense, the intentional omission of this information from her application raised significant concerns about her credibility and trustworthiness, leading to the denial of her security clearance.
Why the Applicant Was Denied
- Applicant failed to mitigate five of ten delinquent debts, indicating financial irresponsibility.
- The intentional omission of her arrest for assault and battery from her security clearance application raised questions about her credibility.
- The applicant's claims regarding her financial situation were not substantiated by the evidence presented.
Conditions Referenced
- AG ¶ 1raisedFinancial Considerations
- AG ¶ 2raisedCriminal Conduct
- AG ¶ 3raisedPersonal Conduct
- AG ¶ 6appliedFinancial ConsiderationsApplicant made good-faith efforts to resolve some debts.
- AG ¶ 2appliedCriminal ConductThe arrest was an isolated incident and occurred in self-defense.
- AG ¶ 2rejectedPersonal ConductThe falsification was not an isolated incident and was not corrected voluntarily.
Key Rule Quoted
“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of national security.”
Procedural Posture
- SOR issuedAug 29, 2002
- Answer filedSep 25, 2002
- Hearing heldFeb 12, 2003
- Decision dateAug 26, 2003
Cite For
- Failure to Mitigate Multiple Delinquent Debts Under Guideline F
- Intentional Omission of Arrest Under Guideline E
- Isolated Incident of Criminal Conduct Under Guideline J