Summary
A 45-year-old defense contractor and Air National Guard lieutenant colonel was granted a security clearance despite allegations under Guideline E (Personal Conduct). The Statement of Reasons (SOR) focused on a September 2000 incident where the applicant was terminated from a previous defense contractor role. This termination stemmed from the alleged use of a company credit card for $1,000 in personal expenses and a subsequent false entry in the employer's financial records indicating reimbursement.
The judge considered disqualifying conditions related to personal conduct but ultimately applied several mitigating conditions. The applicant provided credible testimony and character references that affirmed his integrity and trustworthiness. Crucially, the judge found the allegation of a false accounting entry to be unsubstantiated due to insufficient evidence.
The judge concluded that the applicant's conduct was an isolated incident within an otherwise successful career, and he had a long history of ethical conduct. Based on these findings, the security clearance was granted.
Why the Applicant Prevailed
- The applicant provided credible testimony and character references that supported his integrity and trustworthiness.
- The judge found the allegations of a false accounting entry to be unsubstantiated and based on insufficient evidence.
- The applicant's conduct was deemed an isolated incident in an otherwise successful career.
Conditions Referenced
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances.
- E2.A5.1.3.1appliedThe Information Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability.
- E2.A5.1.3.2appliedThe Applicant Has Demonstrated a Positive Change in Behavior or Circumstances.
- E2.A5.1.3.3appliedThe Conduct Was an Isolated Incident.
- E2.A5.1.3.4appliedThe Conduct Occurred a Significant Amount of Time Ago.
- E2.A5.1.3.5appliedThe Applicant Has Shown Evidence of Good Character, Honesty, and Trustworthiness.
Key Rule Quoted
“The only purpose of a security-clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedAug 26, 2003
- Answer filedSep 19, 2003
- Hearing heldAug 4, 2004
- Decision dateNov 29, 2004
Cite For
- Mitigation of Personal Conduct Under Guideline E
- Unsubstantiated Allegations Regarding Financial Conduct
- Importance of Character References in Security Clearance Cases