Summary
The applicant, a 32-year-old defense contractor employee, has unresolved debts totaling nearly $4,000 and failed to disclose them on his Security Clearance Application due to misunderstanding the questions. His mother is a citizen of Vietnam, but she does not pose a security risk. The application for security clearance was denied due to financial considerations and personal conduct issues.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The applicant's mother lives in and is a citizen of Viet Nam but poses no security risk (2.a). Applicant and his brother are citizens of Viet Nam since both are regarded as citizens of Viet Nam by that government (2.b). The applicant has dual citizenship with Vietnam, as his mother is a citizen and resident there. However, the judge found that the applicant has not exercised dual citizenship or shown a preference for Vietnam, and he expressed a willingness to renounce his dual citizenship (3.a). Applicant has debts of almost $4,000.00 that are outstanding and unresolved (1.a). Applicant did not acknowledge these debts on his Security Clearance Application (SF 86) (1.b). Applicant's debts arose over the past several years when he was single (1.c). Applicant accepted the blame for the nonpayment of his debts (1.d). Applicant failed to report his debts on his SF 86 and gives as a reason for not doing so that he did not understand the questions when he was filling out the form (1.e). Applicant questioned only one debt to a fitness center for a trial membership (1.f). Applicant's English language skills and his credibility are such that the omission was not deliberate as required by the guideline (1.g). Applicant has not resolved his debts, indicating a failure to comply with the standards set by Guideline F (1.h).
The judge denied the clearance. The government raised disqualifying conditions F.1, B.1, C.1, E.2. The judge applied mitigating conditions B.1, C.4, F.1, E.1. The decision turned on the following: The applicant has unresolved debts totaling almost $4,000, indicating financial irresponsibility; The applicant failed to disclose debts on his Security Clearance Application, which raises concerns about personal conduct.
Why the Applicant Was Denied
- The applicant has unresolved debts totaling almost $4,000, indicating financial irresponsibility.
- The applicant failed to disclose debts on his Security Clearance Application, which raises concerns about personal conduct.
Conditions Referenced
- F.1raisedFinancial ConsiderationsThe applicant has a history of not meeting financial obligations.
- B.1raisedForeign InfluenceThe applicant's mother is a citizen of a foreign country.
- C.1raisedForeign PreferenceThe applicant holds dual citizenship.
- E.2raisedPersonal ConductThe applicant omitted relevant information from his application.
- B.1appliedForeign InfluenceThe applicant's mother does not pose an unacceptable security risk.
- C.4appliedForeign PreferenceThe applicant expressed a willingness to renounce dual citizenship.
- F.1rejectedFinancial ConsiderationsNo mitigating conditions were applicable to offset the financial issues.
- E.1rejectedPersonal ConductThe applicant's omission was not deemed deliberate.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJul 15, 2003
- Answer filedAug 1, 2003Applicant responded to the SOR.
- Hearing heldDec 12, 2003Hearing was reassigned due to caseload.
- Decision dateFeb 6, 2004
Cite For
- Financial Irresponsibility as a Basis for Denial Under Guideline F
- Failure to Disclose Debts on a Security Clearance Application as Personal Conduct Issue
- Consideration of Foreign Influence Due to Family Ties in a Foreign Country.