Summary
The applicant, a 33-year-old naturalized U.S. citizen originally from Vietnam, faced security concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct) due to willful falsification of his educational and employment credentials on a security clearance application. While the applicant mitigated concerns regarding foreign influence from his family in Vietnam, the judge found that his deliberate falsifications indicated untrustworthiness and unreliability, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant's mother, four brothers and three sisters are citizens and residents of Vietnam. One brother is a citizen of Vietnam and a resident of Japan (1.a). None of the family members have any ties to the government (1.b). Applicant has limited contact with his siblings; his frequent visits to Vietnam do not equate to him being subject to pressure (1.c). The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities (2.a).
The judge denied the clearance. The government raised disqualifying conditions E2.A2.1. The judge applied mitigating conditions B2.A1.1, B2.A3.1. The decision turned on the following: The applicant willfully falsified both his educational and employment credentials on his application, demonstrating untrustworthiness and a lack of reliability; The applicant's explanation for his falsification was deemed not credible, as he prioritized his own interests over honesty; There was no evidence of prompt, good-faith efforts to correct the falsifications before being confronted with the facts.
Why the Applicant Was Denied
- The applicant willfully falsified both his educational and employment credentials on his application, demonstrating untrustworthiness and a lack of reliability.
- The applicant's explanation for his falsification was deemed not credible, as he prioritized his own interests over honesty.
- There was no evidence of prompt, good-faith efforts to correct the falsifications before being confronted with the facts.
Conditions Referenced
- E2.A2.1raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- B2.A1.1appliedImmediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited
- B2.A3.1appliedContact and Correspondence with Foreign Citizens Are Infrequent
Key Rule Quoted
“Security clearance decisions are predictive judgments about an applicant's security eligibility in light of the applicant's past conduct and present circumstances.”
Procedural Posture
- SOR issuedFeb 9, 2004
- Answer filedFeb 21, 2004Notarized response to SOR allegations.
- Hearing heldMay 25, 2004Record left open for additional evidence.
- Decision dateDec 17, 2004
Cite For
- Denial of Security Clearance Due to Willful Falsification of Application
- Mitigation of Foreign Influence Concerns When Family Members Are Not Government Agents
- Importance of Credibility in Applicant's Explanations for Conduct