Summary
The applicant, a mature individual with a long history of service in the military and defense contracting, faced security clearance denial due to significant financial difficulties, a lengthy criminal record involving domestic violence and drug abuse, and falsification of information on his security clearance application. The judge found that the applicant failed to mitigate the security concerns associated with his financial issues, criminal conduct, drug involvement, and personal conduct.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant admitted he is not in a position to pay off the debts listed in the SOR, ¶¶ 1.a ($8,399.00) (1.a). Applicant disputes the $462.00 debt for telephone services listed in ¶ 1.b of the SOR as his wife's separate obligation (1.b). Applicant contacted the creditor about the numerous, small medical bills listed in the SOR at ¶¶ 1.c and 1.d, but has not arranged a repayment plan (1.c). Applicant has not arranged a repayment plan for the numerous, small medical bills listed in the SOR at ¶¶ 1.c and 1.d (1.d). Applicant admitted he is not in a position to pay off the debts listed in the SOR, ¶¶ 1.e ($2,277.00) (1.e). Applicant admitted he is not in a position to pay off the debts listed in the SOR, ¶¶ 1.f ($20,000.00) (1.f). Used marijuana from about 1978 to about 2003 (3.a). Cultivated marijuana for several years (3.b). Falsified responses to security clearance application questions concerning his drug abuse (3.c).
The judge denied the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3, E2.A10.1.1, E2.A8.1.1.1, E2.A5.1.1. The decision turned on the following: The applicant accumulated significant delinquent debts and demonstrated an unwillingness and inability to pay them; The applicant has a lengthy criminal record related to domestic violence and drug abuse, including multiple arrests and convictions; The applicant falsified responses on his security clearance application regarding his criminal history, drug use, and financial problems.
Why the Applicant Was Denied
- The applicant accumulated significant delinquent debts and demonstrated an unwillingness and inability to pay them.
- The applicant has a lengthy criminal record related to domestic violence and drug abuse, including multiple arrests and convictions.
- The applicant falsified responses on his security clearance application regarding his criminal history, drug use, and financial problems.
Conditions Referenced
- E2.A6.1.2.1raisedFinancial ConsiderationsA history of not meeting financial obligations.
- E2.A6.1.2.3raisedFinancial ConsiderationsInability or unwillingness to satisfy debts.
- E2.A10.1.1raisedCriminal ConductA history or pattern of criminal activity creates doubt about an applicant's judgment, reliability, and trustworthiness.
- E2.A8.1.1.1raisedDrug InvolvementImproper or illegal involvement with drugs raises questions regarding an individual's willingness or ability to protect classified information.
- E2.A5.1.1raisedPersonal ConductConduct involving questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules and regulations.
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 issuedSep 30, 2005
- Answer filedOct 18, 2005
- Hearing heldDec 20, 2005
- Decision dateMar 30, 2006
Cite For
- Denial of Clearance Due to Significant Financial Issues Under Guideline F
- Impact of a Lengthy Criminal Record on Security Clearance Eligibility Under Guideline J
- Falsification of Security Clearance Application Responses as a Disqualifying Factor Under Guideline E.