Summary
Applicant, a 50-year-old married truck driver, faced security concerns under Guidelines E, F, H, and J due to a history of criminal conduct, drug involvement, and financial issues. He had multiple arrests and convictions from 1972 to 1987, served nearly five years in jail, and failed to disclose significant debts and a bankruptcy on his security clearance application. While he mitigated the drug involvement concern, the judge found the criminal conduct, financial considerations, and personal conduct concerns unmitigated, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant failed to disclose requested information on his SCA in response to Questions 21, 24, 33, and 38 (4.c). The traffic ticket for speeding in 1998 for $230 remains unpaid (3.b). The credit card debts of $400 and $7,132 remain unpaid (3.c). The gasoline bill for Applicant's truck for $1,383 remains unpaid (3.d). Applicant paid the satellite television debt of $140 on February 28, 2005, in a settlement of $70.31 (3.f). Applicant paid the remaining debt of $427 for a gasoline credit card on January 28, 2005, in the amount of $434.70 (3.g). Applicant used marijuana from 1972 to 1987 regularly, and his last use was in 1994 (2.a). Applicant transported marijuana in his car from 1972 into the 1980s between distributors and dealers in return for marijuana as payment for his services (2.b). Applicant voluntarily attended a drug rehabilitation program after his last use in 1994 (2.c).
The judge denied the clearance. The government raised disqualifying conditions E2.A10.1.2.1, E2.A10.1.2.2, E2.A6.1.2.1, E2.A6.1.2.3, E2.A5.1.2.2. The judge applied mitigating conditions E2.A8.1.3.1. The decision turned on the following: Applicant had a history of criminal conduct with multiple arrests and convictions, serving nearly five years in jail; He failed to disclose significant debts and a bankruptcy on his security clearance application, demonstrating a lack of candor; The Department of Defense is statutorily prohibited from granting a clearance due to his incarceration exceeding one year.
Why the Applicant Was Denied
- Applicant had a history of criminal conduct with multiple arrests and convictions, serving nearly five years in jail.
- He failed to disclose significant debts and a bankruptcy on his security clearance application, demonstrating a lack of candor.
- The Department of Defense is statutorily prohibited from granting a clearance due to his incarceration exceeding one year.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Is Formally Charged.
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses.
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations.
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts.
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire.
- E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedNov 4, 2004
- Answer filedUndated
- Hearing heldNov 30, 2005
- Decision dateApr 28, 2006
Cite For
- Lack of Candor in Security Clearance Applications Under Guideline E
- Impact of Criminal History on Security Clearance Eligibility Under Guideline J
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F