Summary
The applicant, a 40-year-old former Army member, faced security clearance denial due to unresolved financial issues, including delinquent debts and intentional falsification of financial information on his security clearance application. The judge found that the applicant failed to mitigate concerns regarding his financial irresponsibility and lack of candor, leading to a decision against granting a security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant was administratively discharged from the Army in 1990 after being investigated for two UCMJ violations (2.a). Applicant deliberately falsified his answers to two questions about his finances in a security clearance application (SF 86) he submitted in November 2000 (2.b). Applicant omitted his student loans as being more than 180 days past due, and omitted the fact he owed more than $22,000 in back child support when he filled out the questionnaire (2.c). more than 120 days past due in making payments on a student loan totaling $22,457 (1.a). owed $2,956 for a state tax lien from September 2001 (1.b). owed $5,773 for a delinquent credit card account charged off in June 2003 (1.c). owed $8,457 for a delinquent credit card account for which a judgment against Applicant was entered in 2004 (1.d). The applicant deliberately falsified his answers to questions in his security clearance application, which constitutes criminal conduct under 18 U.S.C. § 1001 (3.a).
The judge denied the clearance. The government raised disqualifying conditions DC 1, DC 2, DC 5. The judge applied mitigating conditions MC 3. The decision turned on the following: The applicant failed to provide sufficient evidence to mitigate financial concerns related to delinquent debts; The applicant intentionally falsified information regarding his financial obligations on his security clearance application; The applicant's history of financial irresponsibility and lack of candor undermined his trustworthiness.
Why the Applicant Was Denied
- The applicant failed to provide sufficient evidence to mitigate financial concerns related to delinquent debts.
- The applicant intentionally falsified information regarding his financial obligations on his security clearance application.
- The applicant's history of financial irresponsibility and lack of candor undermined his trustworthiness.
Conditions Referenced
- DC 1raisedA History of Not Meeting Financial Obligations
- DC 2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- DC 5raisedA Pattern of Dishonesty or Rule Violations
- MC 3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's ControlThe applicant was unemployed for an extended period due to on-the-job injuries.
Key Rule Quoted
“A person who has access to classified information enters into a fiduciary relationship with the government based on trust and confidence.”
Procedural Posture
- SOR issuedDec 22, 2004
- Answer filedJan 19, 2005
- Hearing heldJul 24, 2006
- Decision dateDec 27, 2006
Cite For
- Denial of Security Clearance Due to Financial Irresponsibility Under Guideline F
- Intentional Falsification of Information Under Guideline E
- Consideration of Criminal Conduct Under Guideline J