Summary
The applicant, a 28-year-old security officer with a high school diploma, faced concerns under Guidelines E, F, and J due to a history of financial indebtedness and intentional falsification of his security clearance application. While he demonstrated a good faith effort to resolve his debts, the judge found the falsification of material facts to be a significant issue, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process (2.a). As discussed above, the Applicant knowingly and wilfully provided false material information to DoD during the clearance screening process, specifically on his security clearance application dated February 1, 2001 (3.a). The Applicant was indebted to a fitness club for a delinquent account in the amount of approximately $1,192.00 that had been charged off as a bad debt. Since gaining full time employment, the Applicant has paid this debt and it is no longer outstanding (1.a). The Applicant was indebted to a bank for a delinquent credit card account in the amount of approximately $546.00 that had been charged off as a bad debt. Since gaining full time employment, the Applicant has paid this debt and it is no longer outstanding (1.b). The Applicant was indebted to a bank for a delinquent credit card account in the amount of $992.00 that had been charged off as a bad debt. Since gaining full time employment, the Applicant has paid this debt and it is no longer outstanding (1.c). The Applicant was indebted to a telephone company in the amount of $45.00 for a delinquent debt that had been referred for collection. The Applicant has paid this debt and it is no longer outstanding (1.d). The Government alleges that the Applicant is ineligible for clearance because he violated a criminal statute (3). As discussed above, the Applicant knowingly and wilfully provided false material information to DoD during the clearance screening process, specifically on his security clearance application dated February 1, 2001. In so doing, the Applicant violated Title 18, United States Code, Section 1001, a felony (3.a).
The judge denied the clearance. The government raised disqualifying conditions E2.A2.2., J1.. The judge applied mitigating conditions F3., F6.. The decision turned on the following: The applicant intentionally falsified material aspects of his personal background during the clearance screening process; The applicant's conduct demonstrated poor judgment and unreliability, violating federal law; The applicant failed to provide persuasive evidence to mitigate the concerns raised by the government.
Why the Applicant Was Denied
- The applicant intentionally falsified material aspects of his personal background during the clearance screening process.
- The applicant's conduct demonstrated poor judgment and unreliability, violating federal law.
- The applicant failed to provide persuasive evidence to mitigate the concerns raised by the government.
Conditions Referenced
- E2.A2.2.raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- J1.raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- F3.appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- F6.appliedThe Individual Initiated a Good Faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The Government relies heavily upon the integrity and honesty of clearance holders.”
Procedural Posture
- SOR issuedJul 31, 2003
- Answer filedSep 30, 2003
- Hearing heldFeb 25, 2004
- Decision dateApr 20, 2004
Cite For
- Intentional Falsification of Security Clearance Application Under Guideline E
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F
- Criminal Conduct Related to Falsification Under Criterion J