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Summary

A security clearance was granted to an applicant, a former employee of a non-government contractor, following an assessment under Guideline E (Personal Conduct). The applicant faced allegations related to writing company checks for personal expenses and providing false information on his security clearance application.

Specifically, the applicant admitted to writing a company check for personal automobile repairs. However, this action was mitigated by evidence that it was an accepted company practice. The applicant also reimbursed the company for these personal expenses, demonstrating compliance with company policy.

The government was unable to substantiate the remaining allegations against the applicant, including those concerning false information on his application. Given the successful mitigation of the admitted personal conduct issue and the lack of substantiation for other claims, the security clearance was granted.

Why the Applicant Prevailed

• The applicant admitted to using company funds for personal expenses but demonstrated it was an accepted company practice.
• The applicant reimbursed the company for personal expenses, showing compliance with company policy.
• The government could not substantiate the remaining allegations against the applicant.

Conditions Referenced

Key Rule Quoted

“[No] one has a 'right' to a security clearance.”

Procedural Posture

• SOR issuedMay 10, 2004
• Answer filedMay 26, 2004
• Hearing heldMay 20, 2005
• Decision dateAug 17, 2005

Cite For

• Mitigation of Personal Conduct Allegations Under Guideline E
• Accepted Company Practices Regarding Personal Expenses
• Government's Burden to Substantiate Allegations in Security Clearance Cases