Summary
A 45-year-old computer programmer and officer in a family business was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The denial stemmed from a history of financial irresponsibility and a lack of candor regarding her financial obligations.
The Statement of Reasons detailed numerous financial issues, including multiple federal tax liens dating from 1990 and 1995, a 1994 judgment for past due property taxes, and state tax delinquencies from 1984, 1988, and 1992. Additionally, the applicant and her husband filed Chapter 11 bankruptcy in 1992, and she had two delinquent accounts. The applicant denied knowingly providing false responses on her SF-86 regarding these debts.
The judge determined that the applicant's financial difficulties were not isolated and demonstrated a pattern of failing to meet obligations. Despite some recent efforts to resolve debts, these actions were deemed insufficient to mitigate the long-standing financial issues and the lack of candor, ultimately leading to the denial of her security clearance.
Why the applicant was denied
- Applicant's lack of candor regarding her financial obligations raised security concerns.
- The judge found that Applicant's financial difficulties were not isolated incidents and demonstrated a history of not meeting obligations.
- Despite some recent efforts to resolve debts, the judge concluded that these actions were insufficient to mitigate long-standing financial issues.
Conditions referenced
- E2.A5.1.2.2raisedFalsification of Material Facts
- E2.A6.1.2.1raisedFinancial Irresponsibility
- E2.A6.1.2.3raisedFailure to Meet Financial Obligations
- E2.A6.1.3.6appliedGood-faith Effort to Repay DebtsApplicant demonstrated some efforts to resolve debts, but these were not sufficient to mitigate the overall financial irresponsibility.
- E2.A5.1.3.2rejectedIsolated Incident of FalsificationThe judge found that the falsification was not an isolated incident.
- E2.A5.1.3.3rejectedPrompt Correction of FalsificationApplicant did not make prompt efforts to correct the falsification before being confronted.
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedMar 28, 2003
- Answer filedApr 14, 2003
- Hearing heldSep 4, 2003Amended Notice of Hearing issued prior to hearing.
- Decision dateJan 29, 2004
Cite for
- Lack of Candor Regarding Financial Obligations Under Guideline E
- History of Financial Irresponsibility Under Guideline F
- Insufficient Mitigation of Financial Issues Despite Recent Efforts