Summary
A 35-year-old defense contractor employee was denied a security clearance under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The denial stemmed from the applicant's falsification of his security clearance application, persistent financial difficulties, and a history of criminal conduct, including a domestic violence conviction.
Specifically, the applicant deliberately omitted or concealed relevant facts on his security clearance application, including significant financial obligations and adverse employment actions. His financial issues included two personal loans totaling $170, delinquent since 1999 and 2000, respectively, as well as repossession debt, past due rent, debt related to living expenses, and child support debt. The judge determined these financial problems were due to mismanagement rather than external circumstances.
Furthermore, the applicant had a criminal record, notably a conviction on August 22, 1999, for domestic violence and child endangerment. This resulted in a fine exceeding $1,000, a suspended jail sentence, and five years of probation, set to expire in September 2004. The judge concluded that the applicant's lack of candor, financial irresponsibility, and criminal conduct raised significant concerns about his reliability and trustworthiness, leading to the denial.
Why the Applicant Was Denied
- The applicant falsified his security clearance application by omitting significant financial obligations and adverse employment actions.
- The applicant's ongoing financial difficulties were attributed to his own financial mismanagement rather than circumstances beyond his control.
- The applicant's criminal conduct, including a conviction for domestic violence, raised doubts about his judgment and reliability.
Conditions Referenced
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedDec 10, 2001
- Answer filedJan 3, 2002
- Hearing heldMar 12, 2002Applicant waived notice defect for less than 15 days notice.
- Decision dateAug 2, 2002
Cite For
- Falsification of Security Clearance Applications Under Guideline E
- Financial Irresponsibility and Ongoing Debt Issues Under Guideline F
- Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J