Summary
A 48-year-old postal clerk for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). While the applicant successfully mitigated financial concerns related to her history of not meeting financial obligations, she failed to mitigate personal conduct concerns.
Specifically, the applicant falsified her security clearance application (SF 86) by answering "no" to questions about alcohol/drug offenses and illegal drug use, despite receiving non-judicial punishment for possession and use of hashish in 1988. She also failed to disclose her Chapter 13 bankruptcy, filed in June 2003, to a Department of Defense investigator. Additionally, the applicant had a pattern of financial irresponsibility, demonstrated by her delinquency in paying state and federal income taxes.
The denial was based on the deliberate falsification of material facts on her application and during the investigation, for which no mitigating conditions were applied. Although her other financial issues were resolved, the personal conduct violations, including the tax delinquencies, ultimately led to the denial of her security clearance.
Why the Applicant Prevailed
- Applicant mitigated financial concerns by filing for Chapter 13 bankruptcy and demonstrating a willingness to repay debts.
Conditions Referenced
- E2.A5.1.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A5.1.2.3appliedDeliberately Providing False or Misleading Information
- E2.A5.1.2.5appliedPattern of Dishonesty or Rule Violations
- E2.A6.1.2.1raisedHistory of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A6.1.3.4rejectedReceived or Is Receiving Counseling for the ProblemApplicant did not pursue financial counseling.
- E2.A6.1.3.6appliedConditions That Resulted in the Behavior Were Largely Beyond the Person's ControlApplicant's financial issues were exacerbated by family circumstances.
- E2.A6.1.3.6appliedIndividual Initiated a Good Faith Effort to Repay Overdue CreditorApplicant filed for Chapter 13 bankruptcy to repay debts.
Key Rule Quoted
“No one has a right to a security clearance and "the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedJan 30, 2006
- Answer filedFeb 14, 2006Applicant elected to have her case decided on the written record.
- Hearing held—No hearing was held; decision made on the written record.
- Decision dateJun 26, 2006
Cite For
- Falsification of Security Clearance Application Under Guideline E
- Financial Irresponsibility and Its Implications Under Guideline F
- The Impact of Deliberate Omissions on Security Clearance Eligibility.