Summary
The applicant, a 35-year-old male with a history of military service, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to financial difficulties stemming from two divorces and a Chapter 13 bankruptcy. Despite efforts to repay debts and mitigate financial issues, the applicant admitted to knowingly submitting inaccurate information on his security clearance applications, leading to the denial of his clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant falsified material facts on a security clearance application when, in response to Question 37, he denied having any unpaid judgments against him within the preceding seven years (2.a). Applicant falsified material facts on his security clearance application in response to Question 38 (debts over 180 days delinquent within the last 7 years) (2.b). Applicant falsified material facts on his security clearance application in response to Question 39 (debts over 90 days delinquent) (2.c). Chapter 13 Bankruptcy (1.a). Judgment (Landlord) 1,100.00 (ex-wife's apartment) (1.b). Judgment (Landlord) 5,154.00 (ex-wife's apartment) (1.c). Judgment (Landlord) 6,016.03 (ex-wife's apartment) (1.d). Medical Bill (Ex-wife) 135.00 (1.e). Credit Company 724.00 (1.f). Collection Agency 479.00 (1.g). Collection Agency 951.00 (telephone services) (1.h). Collection Agency 458.00 (cable services) (1.i). Collection Agency 218.00 (ex-wife's bad check) (1.j). Utility Bill 293.00 (1.k). Insurance Bill 77.00 (1.l). Credit Company 864.00 (1.m). Collection Agency 131.00 (1.n). Finance Company 1,819.00 (1.o). Collection Agency 462.00 (telephone services) (1.p). Veteran's Admin. 1,313.33 (educational benefits) (1.q). Collection Agency 86.00 (cable services) (1.r). Collection Agency 198.00 (1.s). Medical Bill 155.00 (1.t). Credit Company 12,613.00 (1.u).
The judge denied the clearance. The government raised disqualifying conditions E2.A5.1.2.2, E2.A6.1.2.1, E2.A6.1.2.3. The judge applied mitigating conditions E2.A6.1.3.3, E2.A6.1.3.6. The decision turned on the following: The applicant admitted to knowingly submitting inaccurate information on his security clearance applications on two occasions; The applicant's financial difficulties were significant and not fully resolved at the time of the hearing.
Why the Applicant Was Denied
- The applicant admitted to knowingly submitting inaccurate information on his security clearance applications on two occasions.
- The applicant's financial difficulties were significant and not fully resolved at the time of the hearing.
Conditions Referenced
- E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A6.1.3.3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“"The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance."”
Procedural Posture
- SOR issuedMar 22, 2006
- Answer filedApr 6, 2006
- Hearing heldJul 6, 2006Applicant requested to keep the record open until July 21, 2006.
- Decision dateAug 30, 2006
Cite For
- Deliberate Falsification of Security Clearance Applications Under Guideline E
- Financial Difficulties Due to Circumstances Beyond the Applicant's Control Under Guideline F
- Mitigating Conditions Related to Financial Obligations and Personal Conduct