Summary
The applicant, a 40-year-old defense contractor, faced issues under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct) due to a history of dishonesty and financial difficulties stemming from identity theft. Despite past misconduct, the applicant demonstrated significant rehabilitation and received strong support from his employer, leading to the granting of his security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: In August of 1996, the Applicant received non judicial punishment pursuant to Article 15 of the Uniform Code of Military Justice (UCMJ) for forging and signing a document thus enabling another service member to fraudulently obtain civilian housing (1.a). In June of 1997, the Applicant received an Other Than Honorable discharge from the Navy in lieu of trial by Court Martial for falsifying a marriage certificate and providing false information to Naval investigators (1.b). On August 7, 2000, the Applicant received a Letter of Caution from his present employer in regards to timeliness, idleness, unexcused absences or tardiness, and improper use of the internet (1.c). Later that month, on August 25, 2000, he was found sleeping at his desk, and he left the work area without authorization during work hours (1.d). The Applicant was twice the victim of identity theft, which has resulted in financial difficulties (1.e). The Applicant has since hired legal counsel, and is addressing or disputing the alleged past due debts (1.f). The Applicant's credibility is attested to those who know him well (1.g). The Applicant has turned his life around in the last five years and has the unqualified support of his present employer (1.h). The Applicant denies knowledge that his present employer extended a letter of caution in December of 2000 (1.i). The Applicant denies wilfully falsifying his SCA (1.j). The Applicant disputes alleged past due debts to 11 separate creditors totaling about $63,000 (2.a). The Applicant has paid a judgment to a Municipal Court in the amount of about $459 (2.f). The Applicant has paid a judgment to another Municipal Court in the amount of about $3,190 (2.g). The Applicant has paid a past due debt to a Credit Union in the amount of about $1,324 (2.n). The Applicant has paid a past due debt on a credit card in the amount of about $1,245, and is current with this account (2.o). In August of 1996, the Applicant received non judicial punishment pursuant to Article 15 of the Uniform Code of Military Justice (UCMJ). He forged and signed a document thus enabling another service member to fraudulently obtain civilian housing (1.a). In June of 1997, the Applicant received an Other Than Honorable discharge from the Navy in lieu of trial by Court Martial. In December of 1996, he falsified a marriage certificate, and thereby received financial allowances to which he was not entitled. He also provided false information to Naval investigators about the incident under investigation (1.b). On August 7, 2000, the Applicant received a Letter of Caution from his present employer in regards to timeliness, idleness, unexcused absences or tardiness, and improper use of the internet (1.c). Later that month, on August 25, 2000, he was found sleeping at his desk, and he left the work area without authorization during work hours (1.d). As a result, on December 7, 2000, his Letter of Caution was extended (1.e).
The judge granted the clearance. The government raised disqualifying conditions E2.a, E2.c, J2.a. The judge applied mitigating conditions F3, F4, J1, E2.a. The decision turned on the following: The applicant demonstrated significant rehabilitation over the last five years; The applicant's financial difficulties were largely due to identity theft, which he is actively addressing; The applicant received strong support from his employer, attesting to his honesty and integrity.
Why the Applicant Prevailed
- The applicant demonstrated significant rehabilitation over the last five years.
- The applicant's financial difficulties were largely due to identity theft, which he is actively addressing.
- The applicant received strong support from his employer, attesting to his honesty and integrity.
Conditions Referenced
- E2.araisedHistory of Not Meeting Financial Obligations
- E2.craisedInability or Unwillingness to Satisfy Debts
- J2.araisedSingle Serious Crime or Multiple Lesser Offenses
- F3appliedFinancial Difficulties Due to Circumstances Largely Beyond the Applicant's Control
- F4appliedGood-faith Effort to Repay Overdue Creditors or Resolve Debts
- J1appliedCriminal Behavior Was Not Recent
- E2.aappliedEvidence of Rehabilitation
Key Rule Quoted
“The Government must make out a case under Guidelines E (Personal Conduct), Guideline J (Criminal Conduct) and F (Financial Considerations); which establishes doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedJun 13, 2005
- Answer filedAug 2, 2005
- Hearing heldOct 31, 2005Record left open until December 7, 2005 for additional documentation.
- Decision dateDec 19, 2005
Cite For
- Mitigation of Financial Difficulties Due to Identity Theft Under Guideline F
- Evidence of Rehabilitation Under Guideline E
- Non-recent Criminal Conduct Under Guideline J