Summary
Applicant, a 42-year-old communications specialist for a defense contractor, faced security clearance denial due to a history of criminal conduct, financial issues, and personal conduct violations. The judge found that the applicant's multiple convictions, failure to pay child support and taxes, and deliberate falsification of information on his security clearance application raised significant security concerns that were not mitigated.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant deliberately falsified nine answers on his 2002 security clearance application (3.a). Applicant failed to disclose pending charges on his security clearance application (3.b). Applicant failed to disclose alcohol-related offenses on his security clearance application (3.c). Applicant failed to disclose other offenses on his security clearance application (3.d). Applicant failed to disclose clearance actions on his security clearance application (3.e). Applicant failed to disclose tax liens on his security clearance application (3.f). Applicant failed to disclose unpaid judgments on his security clearance application (3.g). Applicant failed to disclose financial delinquencies over 180 days on his security clearance application (3.h). Applicant failed to disclose financial delinquencies over 90 days on his security clearance application (3.i). Applicant failed to disclose a child support obligation on his security clearance application (3.j). In March 2005, a state lien was filed for $1,367.00, representing unpaid taxes for years 1995, 1996 and 1997 (2.a). Applicant also admitted other delinquent debts. He owes a liquor store $155.00 (2.b). $330.00 to another company (2.c). $232.00 to a cable company (2.d). approximately $28,467.00 in child support arrearage (2.e). an unpaid delinquent debt of $6,143.00 to another company (2.f). he recently paid in-full a $3,220.00 judgment for materials he purchased for his dissolved business (2.h). Driving While Intoxicated (DWI) conviction in October 2000, resulting in a fine, jail time, and probation (1.b). Violation of probation due to DWI conviction (1.c). Conviction for felony Theft in Excess of $500.00 in May 2000, resulting in probation and restitution (1.d). Offering a Forged Check (1.e). Making a False Statement under Article 107 of the UCMJ (1.f). Dereliction of Duty under Article 92 of the UCMJ (1.g). Failure to obey a lawful order under Article 92 of the UCMJ (1.h). Deliberate falsification of information on the security clearance application (1.i).
The judge denied the clearance. The government raised disqualifying conditions E2.A10.1.2.1, E2.A6.1.2.1, E2.A.5.1.2.2. The decision turned on the following: Applicant had multiple criminal convictions, including felony theft and DWI; Applicant failed to pay significant child support arrears and taxes, totaling over $28,000; Applicant intentionally falsified nine answers on his security clearance application.
Why the applicant was denied
- Applicant had multiple criminal convictions, including felony theft and DWI.
- Applicant failed to pay significant child support arrears and taxes, totaling over $28,000.
- Applicant intentionally falsified nine answers on his security clearance application.
Conditions referenced
- E2.A10.1.2.1raisedCriminal Conduct
- E2.A6.1.2.1raisedFinancial Considerations
- E2.A.5.1.2.2raisedPersonal Conduct
Key rule quoted
“An applicant "has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his clearance."”
Procedural posture
- SOR issuedJul 29, 2005
- Answer filedSep 6, 2005
- Hearing heldNov 21, 2005
- Decision dateJan 26, 2006
Cite for
- Denial Based on a Pattern of Criminal Conduct Under Guideline J
- Financial Irresponsibility Leading to Security Concerns Under Guideline F
- Deliberate Falsification of Information Impacting Trustworthiness Under Guideline E