Summary
A 49-year-old demolitions specialist was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline K (Handling Protected Information). The applicant had a history of past due indebtedness, security violations, and personal conduct issues.
Specifically, the applicant owed $20,302 across six delinquent debts, with four accounts becoming delinquent in 1999 or 2000. These debts were later resolved through a home refinancing on March 8, 2004. However, the applicant also faced allegations of security violations, including issuing a key to uncleared employees for a building with classified information in July 1996. Additionally, he received reprimands in 1996 and 1997 for instructing employees to move material without proper authorization and backdating documents, and for allowing excess material in buildings, exceeding explosive weight limits. He was also laid off in December 1997 for falsifying his own and supervised employees' time cards.
While the applicant successfully repaid his debts, the judge found that his intentional security violations and a pattern of dishonesty outweighed these financial mitigation efforts. The denial was based on the applicant's history of intentional security violations, a pattern of dishonesty and rule violations, and insufficient evidence of rehabilitation or changes in his attitude toward security responsibilities.
Why the Applicant Was Denied
- The applicant had a history of intentional security violations that raised significant trustworthiness concerns.
- The applicant's pattern of dishonesty and rule violations was not mitigated by his financial repayment efforts.
- There was insufficient evidence of rehabilitation or changes in the applicant's attitude towards compliance with security responsibilities.
Conditions Referenced
- F DC 1raisedA History of Not Meeting Financial Obligations
- F DC 4raisedUnexplained Affluence
- K DC 2raisedViolations That Are Deliberate or Multiple or Due to Negligence
- E DC 5raisedA Pattern of Dishonesty or Rule Violations, Including Violation of Any Written or Recorded Agreement Made Between the Individual and the Agency
- F MC 6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- K MC 2appliedWere Isolated or Infrequent
Key Rule Quoted
“The granting (or continuance) of a security clearance under this Directive may only be done upon a finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedJun 15, 2004
- Answer filedJul 19, 2004Applicant elected to have case decided on written record.
- Hearing held—No hearing; case decided on written record.
- Decision dateDec 30, 2004
Cite For
- Denial of Security Clearance Due to Intentional Security Violations Under Guideline K
- Pattern of Dishonesty Impacting Security Clearance Under Guideline E
- Mitigation of Financial Issues Does Not Outweigh Serious Security Concerns.