Summary
The applicant, a 39-year-old single mother with a background in electronic engineering, faced security clearance denial under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct) due to nine delinquent debts and a deliberate false answer regarding her financial obligations on security questionnaires. The judge found that while some financial issues stemmed from unemployment, the applicant's failure to disclose significant debts and a prior conviction was not sufficiently mitigated, leading to a denial of eligibility for an ADP I, II, or III position.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant failed to disclose accurate information to Question 16 of her SF 85Ps, which asks, "YOUR POLICE RECORD - In the last seven years, have you been arrested for, charged with, or convicted of any offense(s)?" (1.a). Applicant failed to disclose accurate information to Question 20 of her SF 85Ps, which asks, "YOUR FINANCIAL RECORD - 180-Day Delinquencies Are you now over 180 days delinquent on any loan or financial obligation?" (1.c). $1,669 Judgment on vacuum cleaner account-Nov. 1999 (3.a). $214 Utilities services debt (3.b). $119 IC Systems account-Apr. 2001 (3.c). $710 Utilities services debt (3.d). $500 Three medical debts totaling together about $500 (3.e). $266 Medical debt (3.f). $207 Cable television account, increased to $207 by May 2006-Aug. 2001 (3.g). $658 Disputed account for television services-Sep. 2005 (3.h). $100 Medical debt (3.i). The applicant was arrested on February 19, 2000, and charged with disorderly conduct after an incident involving her boyfriend, for which she later pleaded no contest and was fined (2.a).
The judge denied the clearance. The government raised disqualifying conditions FC DC 1, FC DC 3, PC DC 1, JC DC 1. The judge applied mitigating conditions FC MC 4, FC MC 3, PC MC 1. The decision turned on the following: The applicant had nine delinquent debts, which were not sufficiently mitigated; The applicant provided a deliberate false answer regarding debts over 180 days delinquent on her security questionnaires; The applicant's failure to disclose a prior conviction was deemed significant and not mitigated by her circumstances.
Why the Applicant Was Denied
- The applicant had nine delinquent debts, which were not sufficiently mitigated.
- The applicant provided a deliberate false answer regarding debts over 180 days delinquent on her security questionnaires.
- The applicant's failure to disclose a prior conviction was deemed significant and not mitigated by her circumstances.
Conditions Referenced
- FC DC 1raisedFinancial Considerations Disqualifying Condition 1
- FC DC 3raisedFinancial Considerations Disqualifying Condition 3
- PC DC 1raisedPersonal Conduct Disqualifying Condition 1
- JC DC 1raisedCriminal Conduct Disqualifying Condition 1
- FC MC 4appliedFinancial Considerations Mitigating Condition 4The applicant received financial counseling.
- FC MC 3rejectedFinancial Considerations Mitigating Condition 3The applicant did not provide sufficient evidence of changes in her financial situation.
- PC MC 1rejectedPersonal Conduct Mitigating Condition 1The applicant's failure to disclose her conviction was not an honest mistake.
Key Rule Quoted
“"Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security."”
Procedural Posture
- SOR issuedJun 23, 2006
- Answer filedAug 9, 2006
- Hearing heldJan 30, 2007Applicant requested a delay to submit evidence.
- Decision dateMar 21, 2007
Cite For
- Deliberate False Answers on Security Questionnaires Under Guideline E
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline J