Summary
The applicant, a 41-year-old supply technician with 20 years of military service, faced security clearance denial due to financial delinquencies and personal conduct issues. He admitted to multiple debts and falsifying information on his security clearance application, claiming fear of jeopardizing his clearance as the reason for his omissions. The judge found that the applicant failed to provide sufficient evidence to mitigate the concerns raised by his financial history and personal conduct, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Falsified material facts on his SF 86 form by failing to disclose that tax liens had been placed against his property in the 7 years prior to his security clearance application; (2.a). Falsified material facts on his SF 86 form by failing to disclose that he had been 180 days delinquent on a debt or debts in the 7 years prior to his security clearance application, including those debts noted above as 1.a, 1.b, 1.d, and 1.f, as well as - i. a debt to a private label, military charge card (Bank E), and ii. a debt to (Bank F); (2.b). Falsified material facts on his SF 86 form by failing to disclose that he was then 90 days delinquent on a debt or debts, including those debts cited above as 1.a, 1.b, 1.d, and 1.f, as well as - i. a debt to a private label, military charge card (Bank E), ii. a debt to (Bank F), and iii. A debt to (Bank G); (2.c). Failed to disclose the negative financial information referenced above in subparagraphs 2.a through 2.c, as referenced on his SF 86 as subparagraphs 2.a through 2.c, because he was afraid the negative information would adversely affect his security clearance; (2.d). A state tax lien for $358 (1.a). A federal tax lien for $613 (1.b). A debt owed (Bank A) that was put into collections in the amount of $109 (1.c). A debt owed (Bank B) that was charged off in the amount of $3,189 (1.d). A debt owed (Bank C) that was charged off in the amount of $481 (1.e). A debt owed (Bank D) that was charged off in the amount of $1,613 (1.f).
The judge denied the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3, E2.A5.1.2.2. The decision turned on the following: The applicant admitted to multiple financial delinquencies and tax liens; He falsified material facts on his security clearance application by omitting debts due to fear of negative impact on his application; The applicant failed to provide corroborating documentation to support his claims of debt resolution.
Why the Applicant Was Denied
- The applicant admitted to multiple financial delinquencies and tax liens.
- He falsified material facts on his security clearance application by omitting debts due to fear of negative impact on his application.
- The applicant failed to provide corroborating documentation to support his claims of debt resolution.
Conditions Referenced
- E2.A6.1.2.1appliedHistory of Not Meeting Financial Obligations
- E2.A6.1.2.3appliedInability or Unwillingness to Satisfy Debts
- E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
Key Rule Quoted
“There is no right to a security clearance and one seeking access to classified information must be prepared to enter into a fiduciary relationship with the United States Government that is inherently predicated on trust and confidence.”
Procedural Posture
- SOR issuedMar 8, 2005
- Answer filedApr 1, 2005Applicant admitted to some allegations.
- Hearing held—Applicant requested a determination without hearing.
- Decision dateOct 11, 2005
Cite For
- Denial Based on Financial Delinquencies Under Guideline F
- Falsification of Information on Security Clearance Application Under Guideline E
- Failure to Provide Mitigating Evidence in Response to Disqualifying Conditions