Summary
Applicant, a 34-year-old former military service member, faced security concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct) due to a history of military discipline for forgery, termination from a job for alleged misappropriation of funds, and financial difficulties. The judge found that the applicant mitigated these concerns through credible explanations, remorse, and successful resolution of her financial issues, ultimately granting her security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The applicant was disciplined while serving in the military for forging a set of Permanent Change of Station orders (1.a). The applicant was terminated from an employment position for allegations of improper conduct (1.b). The applicant deliberately falsified her security clearance application by failing to disclose the 1996 Non-Judicial Punishment (1.c). The applicant owes $608.00 to a credit card company (3.a). The applicant owes $2,197.00 to another credit card company (3.b). The applicant owes $12,316.00 to a credit card company (3.c). The applicant owes $2,241.00 to a credit card company (3.d). The applicant owes $489.00 to a credit card company (3.e). The applicant owes $11,790.00 to a credit card company (3.f). The applicant owes $1,916.00 to a credit card company (3.g). The applicant has a history or pattern of criminal activity that creates doubt about her judgment, reliability, and trustworthiness (2.a). The applicant's termination from her employment for accusations involving the misappropriation of funds constitutes a criminal violation of a state statute (2.b). The applicant's falsification of her security clearance application constitutes a felony under federal law (2.c).
The judge granted the clearance. The government raised disqualifying conditions E2.A5.1.2.1, E2.A10.1.1, E2.A6.1.2.1, E2.A6.1.2.3. The judge applied mitigating conditions E2.A5.1.3.5, E2.A6.1.3.6. The decision turned on the following: The applicant provided credible explanations for her past conduct, including the inadvertent omission of military discipline from her security clearance application; She demonstrated remorse for her past mistakes and took positive steps to improve her financial situation; All debts alleged in the Statement of Reasons were resolved, indicating financial stability.
Why the Applicant Prevailed
- The applicant provided credible explanations for her past conduct, including the inadvertent omission of military discipline from her security clearance application.
- She demonstrated remorse for her past mistakes and took positive steps to improve her financial situation.
- All debts alleged in the Statement of Reasons were resolved, indicating financial stability.
Conditions Referenced
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors and Other Acquaintances
- E2.A10.1.1raisedA History or Pattern of Criminal Activity Creates Doubt About a Person's Judgment, Reliability and Trustworthiness
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A5.1.3.5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress
- E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The decision to deny an individual a security clearance is not necessarily a judgment about an applicant's loyalty. Instead, it is a determination that an applicant has not met the strict guidelines established by the Department of Defense for issuing a clearance.”
Procedural Posture
- SOR issuedJun 22, 2005
- Answer filedJul 1, 2005
- Hearing heldDec 1, 2005
- Decision dateFeb 24, 2006
Cite For
- Mitigation of Personal Conduct Issues Through Credible Explanations and Remorse
- Resolution of Financial Difficulties as a Basis for Granting Clearance
- Inadvertent Omissions in Security Clearance Applications Can Be Mitigated by Credible Testimony and Evidence of Rehabilitation.