Summary
The applicant, a 43-year-old security officer for a defense contractor, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to a history of delinquent debts and false statements made on his security clearance application. The judge found that the applicant's financial issues were not mitigated by circumstances beyond his control, and his falsifications were not isolated incidents. Consequently, the applicant's request for a security clearance was denied.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant falsely answered "no" to questions about delinquent debts on his security clearance application (SF-86) (2.a). Applicant made false statements to a security investigator about payments on his delinquent state income taxes (2.b). Applicant did not make any effort to provide correct information until he was confronted with his credit reports (2.c). Credit Card (SOR ¶ 1.a.) $5,430 Paying $329 per month (1.a). Credit Card (SOR ¶ 1.b.) $1,393 Paying $194 per month (1.b). Credit Card (SOR ¶ 1.c.) $994 Not rebutted. Applicant testified he paid it but produced no documentation (1.c). Cell Phone (SOR ¶ 1.d.) $699 Unpaid (1.d). State Income Taxes (SOR ¶ 1.e.) $799 Paying $188 per month (1.e). Federal Income Taxes (SOR ¶ 1.f.) $13,864 Paying $400 per month (1.f). Federal Income Taxes (SOR ¶ 1.g.) $13,864 Paying $400 per month (1.g). Federal Income Taxes (SOR ¶ 1.h.) $13,864 Paying $400 per month (1.h).
The judge denied the clearance. The government raised disqualifying conditions E2.A5.1.2.2, E2.A5.1.2.3, E2.A6.1.2.1, E2.A6.1.2.3. The judge applied mitigating conditions E2.A6.1.3.6, E2.A6.1.3.1, E2.A5.1.3.2. The decision turned on the following: The applicant had a history of delinquent debts, including credit card accounts and taxes; The applicant made false statements on his security clearance application and to a security investigator; The applicant did not demonstrate a good-faith effort to resolve his financial issues prior to applying for a clearance.
Why the Applicant Was Denied
- The applicant had a history of delinquent debts, including credit card accounts and taxes.
- The applicant made false statements on his security clearance application and to a security investigator.
- The applicant did not demonstrate a good-faith effort to resolve his financial issues prior to applying for a clearance.
Conditions Referenced
- E2.A5.1.2.2appliedDeliberately Omitted or Falsified Relevant and Material Facts in a Personal Security Questionnaire.
- E2.A5.1.2.3appliedDeliberately Provides False or Misleading Information Concerning Relevant and Material Matters to an Investigator or Security Official.
- E2.A6.1.2.1appliedA History of Not Meeting Financial Obligations.
- E2.A6.1.2.3appliedExhibited Inability or Unwillingness to Satisfy Debts.
- E2.A6.1.3.6rejectedGood-faith Effort to Resolve Debts.The applicant's efforts to resolve debts were not made until after applying for a clearance.
- E2.A6.1.3.1rejectedDelinquent Debts Were Not Recent.
- E2.A5.1.3.2rejectedFalsification Was an Isolated Incident.The applicant's falsifications were not isolated incidents.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJun 3, 2005
- Answer filedJun 28, 2005
- Hearing heldOct 13, 2005
- Decision dateNov 30, 2005
Cite For
- Denial of Security Clearance Due to Financial Irresponsibility Under Guideline F
- False Statements on Security Clearance Application Under Guideline E
- Lack of Mitigating Circumstances for Financial Issues and Personal Conduct.