Summary
A 58-year-old defense contractor was denied a security clearance under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The denial stemmed from the applicant's intentional falsification of material information on a Security Clearance Application (SCA) and during a subsequent interview with a DoD investigator. Specifically, the applicant responded "no" to Question 20 on the SCA in June 2003, and failed to disclose material facts regarding his retirement from a previous employer (Employer 1) during a September 2003 interview.
The underlying issue involved the applicant's unauthorized personal use of company equipment around 2003, which violated Employer 1's General Policies and Procedures. This misconduct led to the applicant taking early retirement in lieu of possible termination. While the unauthorized use of equipment was considered an isolated and non-recent incident, the judge determined that the applicant's subsequent dishonesty was a critical factor.
The denial was based on the finding that the applicant intentionally provided false and evasive information on the SCA and during the interview, demonstrating a lack of candor. This conduct raised significant concerns about the applicant's judgment and reliability, ultimately leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant intentionally provided false, material information on the SCA regarding his retirement from Employer 1.
- The applicant's response to Question 20 on the SCA was deemed evasive and intentional, demonstrating a lack of candor.
- The applicant's conduct raised significant concerns about his judgment and reliability as a clearance holder.
Conditions Referenced
- E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire.
- E2.A13.1.2.3raisedRemoval (or Use) of Hardware, Software, or Media From Any Information Technology System Without Authorization, When Specifically Prohibited by Rules, Procedures, Guidelines or Regulations.
- E2.A13.1.3.1appliedThe Misuse Was Not Recent or Significant.
- E2.A13.1.3.4appliedThe Misuse Was an Isolated Event.
Key Rule Quoted
“When such an individual intentionally falsifies material facts on a security clearance application, he has demonstrated a willingness to place his self-interest over his responsibility to be frank and candid with the Government.”
Procedural Posture
- SOR issuedAug 4, 2005
- Answer filedAug 31, 2005
- Hearing heldMay 18, 2006
- Decision dateJun 20, 2006
Cite For
- Intentional Falsification of Material Facts on a Security Clearance Application Under Guideline E
- Isolated Incidents of Misconduct May Not Mitigate Disqualifying Conditions If Dishonesty Is Present
- The Importance of Candor and Reliability in Security Clearance Determinations Under Guideline E