Summary
A 61-year-old electrical engineer with over 20 years of experience was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to multiple falsifications on his employment and security clearance applications. The applicant's resume and job application omitted a bankruptcy and other employments, and misrepresented the reasons for his termination. These falsifications were then replicated on his security clearance application.
Specifically, the applicant stated he was unemployed from April 30, 1995, to the present, responded "NO" to questions about being fired in the last 10 years, and "NO" to filing for bankruptcy in the last seven years. He later admitted to providing false information regarding his employment history. The judge found that these deliberate falsifications on a federal security clearance application constituted a serious federal criminal offense.
The denial was based on the applicant's lack of trustworthiness and reliability. Although mitigating conditions were considered, the applicant's admissions of falsification only occurred after being confronted by a security agent, indicating a failure to make good faith efforts to correct the information proactively.
Why the Applicant Was Denied
- Applicant falsified his resume and job application, omitting a bankruptcy and misrepresenting reasons for termination.
- Applicant deliberately provided false information on his security clearance application, which constitutes a serious federal offense.
- The applicant's admissions regarding his falsifications were made only after being confronted by a security agent, failing to demonstrate good faith efforts to correct the information.
Conditions Referenced
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.1.5.1.2.1raisedReliable Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A5.1.3.3rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsifications Before Being Confronted with the FactsThe applicant's admissions were made after being confronted by the security agent, not as a prompt disclosure.
- E2.A10.1.3.1rejectedThe Criminal Behavior Was Not RecentThe falsifications occurred in 2000, making them recent.
- E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentThe criminal conduct was part of a pattern of falsification related to employment applications.
Key Rule Quoted
“"The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance."”
Procedural Posture
- SOR issuedAug 18, 2004
- Answer filedSep 10, 2004
- Hearing heldJun 1, 2005
- Decision dateJun 22, 2005
Cite For
- Denial of Security Clearance Due to Falsification of Employment History
- Lack of Good Faith in Correcting False Information
- Seriousness of Criminal Conduct Related to Security Clearance Applications