Summary
A 41-year-old plant protection officer was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The denial stemmed from unresolved financial issues, multiple alcohol-related arrests, and significant falsifications on his security clearance application and during interviews.
The applicant had a Chapter 13 bankruptcy petition dismissed in 1997 and owed delinquent taxes to State A, along with approximately 14 other delinquent debts. He failed to disclose the bankruptcy, 12 delinquent debts, and 14 currently delinquent debts on his application. Additionally, he omitted three alcohol-related arrests from his application and during two separate interviews with the Defense Security Service (DSS). These arrests included charges for Driving Under the Influence in July 2000, resulting in a jail sentence and license suspension; another DUI in late 2000 or early 2001, leading to a 10-day jail term; and an Open Alcohol Container charge in September 2002, which resulted in a fine.
Further personal conduct issues included falsifying sworn statements to DSS in October 2000 by failing to disclose his resignation from State A Corrections after a misconduct investigation, and then misrepresenting the circumstances of his departure. The judge found the applicant's explanations for these omissions and misrepresentations lacked credibility, leading to the denial of his security clearance.
Why the applicant was denied
- Applicant had significant unresolved financial problems dating back to 1996.
- Applicant failed to disclose three alcohol-related arrests on his security clearance application.
- Applicant's explanations for his falsifications were deemed not credible.
Conditions referenced
- F1appliedA History of Not Meeting Financial Obligations
- F3appliedInability or Unwillingness to Satisfy Debts
- E2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E3appliedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters
- J1appliedAllegations or Admissions of Criminal Conduct
- J2appliedA Single Serious Crime or Multiple Lesser Offenses
Key rule quoted
“"any doubt as to whether access to classified information is clearly consistent with the interests of national security will be resolved in favor of the nation's security."”
Procedural posture
- SOR issuedMay 11, 2003
- Answer filedMay 22, 2003
- Hearing heldSep 24, 2003
- Decision dateNov 24, 2003
Cite for
- Denial Based on Unresolved Financial Issues Under Guideline F
- Falsification of Information on Security Clearance Applications Under Guideline E
- Pattern of Alcohol-related Criminal Conduct Under Guideline J