Summary
A 38-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant had a court-martial conviction for assaulting his wife, followed by a civilian arrest for similar conduct. He failed to fully disclose the extent of these incidents and associated injuries during his security clearance application and in two interviews with government investigators, providing false information.
Additionally, the applicant had multiple delinquent debts. These included unpaid amounts of $30 to a medical center, $101 to a telephone company, $191 to a mail order catalog, and $238 for phone service. He also had a $2,602 credit card debt, which he disputed, claiming to owe only $348. Further financial issues involved a $6,441 debt for a repossessed car and a $10,250 balance on an auto lease. While some debts, specifically $541 to a military exchange and $130 for medicine, were paid, the judge found that the applicant did not mitigate the personal conduct and financial concerns, despite a significant increase in income.
The denial was based on the applicant providing false information about his domestic violence incidents and failing to pay multiple delinquent debts despite having the financial means.
Why the Applicant Was Denied
- Applicant provided false information to investigators regarding his domestic violence incidents.
- Applicant has multiple delinquent debts that he failed to pay despite having the financial means to do so.
Conditions Referenced
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, Falsification or Misrepresentation of Relevant and Material Facts
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- E2.A6.1.3.6rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsApplicant did not demonstrate good faith efforts to resolve his debts.
Key Rule Quoted
“A decision to grant or continue an applicant's clearance may be made only upon an affirmative finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedOct 9, 2002
- Answer filedDec 4, 2002Applicant did not request a hearing initially.
- Hearing heldFeb 18, 2004Hearing convened after multiple extensions.
- Decision dateJul 16, 2004
Cite For
- False Statements to Investigators Under Guideline E
- Criminal Conduct History Under Guideline J
- Financial Irresponsibility Under Guideline F