Summary
A 38-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 Statement of Reasons detailed a history of financial issues, criminal conduct, and false statements on his application.
Specifically, the applicant had an unpaid judgment of $1,500 and seven unpaid collection accounts ranging from $100 to $1,200. His wages were also garnished for $912.69 due to unpaid personal property taxes. Regarding criminal conduct, he was convicted of misdemeanor assault and battery in 1998 and driving on a suspended license in 2000. Furthermore, the applicant falsely denied arrests for certain offenses and having debts over 180 days delinquent on his security clearance application.
Despite settling most debts, the applicant's lack of candor and ongoing criminal concerns were central to the denial. The decision cited his long history of financial problems, including bankruptcy and delinquent debts, his criminal conduct, and the false information provided on his application regarding both his criminal history and financial delinquencies.
Why the Applicant Was Denied
- Applicant has a long history of financial problems, including bankruptcy and delinquent debts.
- Applicant has a history of criminal conduct, including convictions for assault and battery and driving on a suspended license.
- Applicant provided false information on his security clearance application regarding his criminal history and delinquent debts.
Conditions Referenced
- E2.A10.1.1appliedCriminal Conduct
- E2.A5.1.2.2appliedPersonal Conduct - Lack of Candor
- E2.A6.1.3.6appliedFinancial Considerations - Good Faith Effort to Repay
- E2.A10.1.3.1appliedCriminal Conduct - Not Recent
Key Rule Quoted
“"The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance."”
Procedural Posture
- SOR issuedDec 30, 2003
- Answer filedJan 21, 2004
- Hearing heldOct 28, 2004with amendments to the SOR
- Decision dateFeb 3, 2005
Cite For
- Denial Based on Financial Irresponsibility Under Guideline F
- Impact of Criminal Conduct on Security Clearance Under Guideline J
- Importance of Candor in Security Clearance Applications Under Guideline E