Summary
The applicant, a 52-year-old painter employed by a defense contractor, faced security clearance denial due to significant delinquent debt totaling approximately $61,000, a history of criminal activity including multiple arrests and incarcerations, and deliberate falsification of material facts on his security clearance application. The judge found that the applicant failed to mitigate concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct).
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant deliberately failed to list that he had been charged with or convicted of felony offenses in 1984, 1985, and 1990 (2.a). Applicant deliberately failed to disclose that on at least two separate occasions in 2000, he had been arrested and/or charged with offenses (2.b). Applicant did not disclose that he had debts that were more than 180 or 90 days delinquent (2.d). Arrow Services ($740) Account was placed for collection in about August 2000. Applicant denied responsibility for this debt (3.a). Department of Social Services ($6,376) Account is for a judgment placed against Applicant by Child Support Enforcement in April 2001. This debt has not been paid (3.b). Department of Social Services ($4,541) Account is for a judgment placed against Applicant by Child Support Enforcement in May 2004. This debt has not been paid (3.c). Child/Family Support Obligations ($29,560) This debt was placed against Applicant in March 2004 for his youngest son, living with his mother in a state other than where Applicant lives. This debt has not been paid (3.d). Delinquent Tax Lien ($19,890) Applicant is currently paying off this debt. He submitted a document to show payments made by him to the IRS based on a settlement he made with them. He pays $600 a month starting back in November 2005 (3.e).
The judge denied the clearance. The government raised disqualifying conditions E2.A10.1.2.1, E2.A10.1.2.2, E2.A5.1.2.2, E2.A6.1.2.1, E2.A6.1.2.3. The decision turned on the following: The applicant has a history of criminal activity, including multiple arrests and incarcerations; The applicant deliberately falsified material facts on his security clearance application; The applicant has significant delinquent debt totaling approximately $61,000.
Why the Applicant Was Denied
- The applicant has a history of criminal activity, including multiple arrests and incarcerations.
- The applicant deliberately falsified material facts on his security clearance application.
- The applicant has significant delinquent debt totaling approximately $61,000.
Conditions Referenced
- E2.A10.1.2.1appliedCriminal Conduct Disqualifying Condition
- E2.A10.1.2.2appliedCriminal Conduct Disqualifying Condition
- E2.A5.1.2.2appliedPersonal Conduct Disqualifying Condition
- E2.A6.1.2.1appliedFinancial Considerations Disqualifying Condition
- E2.A6.1.2.3appliedFinancial Considerations Disqualifying Condition
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 issuedJun 13, 2006
- Answer filedAug 8, 2006Applicant requested an in-person hearing.
- Hearing heldOct 27, 2006
- Decision dateDec 29, 2006
Cite For
- Denial Based on a History of Criminal Conduct and Financial Irresponsibility
- Impact of Deliberate Falsification on Security Clearance Eligibility
- Significance of Significant Delinquent Debt in Security Clearance Decisions