Summary
A 34-year-old employee of a Tricare managed care support contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant had three shoplifting convictions between July 2004 and April 2005, involving clothing valued at approximately $300, $360, and $331, respectively. Additionally, she failed to disclose an August 2004 shoplifting arrest on her public trust position application (SF 85P).
Financial issues included a December 2002 bankruptcy discharge and an outstanding debt of $15,661 on an automobile loan following a July 2005 repossession. While the applicant acknowledged her bipolar disorder and sought treatment, the judge found insufficient evidence that her mental health challenges were adequately managed to prevent future criminal conduct.
Ultimately, the applicant's criminal conduct raised significant doubts about her judgment and trustworthiness, and her failure to disclose the arrest indicated a lack of candor. Despite the application of some mitigating conditions, the judge concluded that the risk of recurring criminal behavior remained, leading to the denial of her trustworthiness determination.
Why the Applicant Was Denied
- The applicant's criminal conduct raised significant doubts about her judgment and trustworthiness.
- The applicant's bipolar disorder was acknowledged but not deemed sufficiently managed to mitigate the risk of recurrence of criminal behavior.
- The applicant's failure to disclose her shoplifting arrest on her application indicated a lack of candor.
Conditions Referenced
- J1raisedAny Conduct, Regardless of Whether the Person Was Formally Charged
- J2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2rejectedThe Information Was Unsubstantiated or Not RelevantThe applicant's claim of not intending to falsify her application was not accepted.
- F3appliedThe Person Has Received or Is Receiving Counseling or Treatment for the Condition
- J1rejectedThe Behavior Was Not RecentThe recency of the offenses precluded favorable consideration.
- J2rejectedThe Crime Was an Isolated IncidentThe applicant's repeated offenses indicated a pattern of behavior.
Key Rule Quoted
“To be eligible for assignment to sensitive duties, an applicant must meet the security guidelines set forth in the Regulation.”
Procedural Posture
- SOR issuedNov 14, 2005
- Answer filedNov 28, 2005
- Hearing heldJun 6, 2006via conference call
- Decision dateDec 27, 2006
Cite For
- Disqualifying Conditions Under Guideline J for Repeated Criminal Conduct
- Impact of Mental Health Issues on Trustworthiness Determinations
- Failure to Disclose Criminal History on Security Clearance Applications