Summary
A 28-year-old naturalized U.S. citizen, born in Israel, was denied a security clearance due to concerns under Guideline C (Foreign Preference) and Guideline E (Personal Conduct). The Statement of Reasons (SOR) alleged that the applicant possessed an Israeli passport, issued in 1995 and extended in 2000, which expired in 2003. He extended this passport and used it to exit Israel in January 2001, both actions occurring after he became a U.S. citizen.
A primary concern under Guideline E was the applicant's falsification of his SF 86 on June 4, 2003. He answered "no" to a question asking if he had an active foreign passport within the last seven years, despite possessing the Israeli passport. While the foreign preference concern was mitigated by his renunciation of Israeli citizenship, the falsification of his security clearance application was not.
The denial was based on the finding that the applicant's falsification of the SF 86 was a deliberate omission. His explanations for this falsification were deemed implausible and disingenuous, undermining his credibility. Furthermore, the applicant did not demonstrate prompt, good-faith efforts to correct the falsification before being confronted with the facts.
Why the applicant was denied
- The applicant falsified his SF 86 by answering 'no' to possessing an active foreign passport, which was deemed a deliberate omission.
- The applicant's explanations for the falsification were found implausible and disingenuous, undermining his credibility.
- The applicant did not demonstrate prompt, good-faith efforts to correct the falsification before being confronted with the facts.
Conditions referenced
- E2.A5.1.2.2appliedDeliberate Omission or Falsification of Relevant and Material Facts From Any Personal Security Questionnaire.
- E2.A5.1.3.2rejectedFalsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily.The falsification was recent and not disclosed until questioned.
- E2.A5.1.3.3rejectedPrompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the Facts.The applicant's disclosure was not prompt and occurred only after being questioned.
- E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
- E2.A3.1.3.4appliedIndividual Has Expressed Willingness to Renounce Dual Citizenship.
Key rule quoted
“[N]o one has a 'right' to a security clearance.”
Procedural posture
- SOR issuedJan 25, 2005
- Answer filedMar 3, 2005
- Hearing heldAug 23, 2005
- Decision dateSep 30, 2005
Cite for
- Denial of Security Clearance Due to Falsification of SF 86
- Mitigation of Foreign Preference Concerns Under Guideline C
- Credibility Issues Arising From Implausible Explanations for Omissions in Security Applications.