Summary
A 62-year-old defense contractor employee was denied a security clearance due to concerns under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The Statement of Reasons detailed multiple financial issues, including a Chapter 7 bankruptcy filed in November 2016 and discharged in March 2017, and a Chapter 13 bankruptcy filed in July 2016 but dismissed in December 2016. Additionally, the applicant had a federal income tax debt of approximately $45,773 for tax years 2009, and 2011 to 2015, and failed to timely file federal tax returns for tax years 2009 through 2015.
Further allegations involved alcohol-related incidents, specifically discharging a firearm from a moving vehicle after consuming alcohol. This led to an arrest for recklessly handling a firearm, swearing in public, and public intoxication, which were also cross-alleged as criminal conduct.
The judge found insufficient evidence to mitigate these concerns, concluding that the applicant's admitted financial issues, including bankruptcies and tax debts, along with alcohol-related incidents resulting in criminal charges, demonstrated poor judgment and irresponsibility. Consequently, the applicant's past behavior raised significant doubts about his reliability and trustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to multiple financial issues, including bankruptcies and tax debts.
- The applicant's alcohol-related incidents resulted in criminal charges, including reckless handling of a firearm.
- The applicant failed to timely file federal tax returns for several years, indicating poor judgment and irresponsibility.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Pay Annual Federal, State, or Local Income Taxes as Required
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(b)raisedAllegations or Admissions of Criminal Conduct
- AG ¶ 20(g)appliedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount Owed and Is in Compliance with Those Arrangements
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's recent behavior and ongoing alcohol consumption do not support this condition.
- AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person’s ControlThe applicant's financial issues were largely due to personal choices and lack of timely action.
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the Problem From a Legitimate and Credible SourceThe applicant did not provide sufficient evidence of ongoing counseling for his alcohol issues.
- AG ¶ 20(d)rejectedThe Individual Has Initiated and Is Adhering to a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve DebtsWhile the applicant is in a payment plan, his history of financial irresponsibility raises doubts.
- AG ¶ 23(b)rejectedThe Individual Acknowledges His or Her Pattern of Maladaptive Alcohol UseThe applicant continues to consume alcohol and has not demonstrated a clear pattern of abstinence.
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 28, 2017
- Answer filedJul 19, 2017
- Hearing heldNov 1, 2018Rescheduled due to applicant's mother's death.
- Decision dateDec 17, 2018
Cite For
- Insufficient Evidence to Mitigate Financial Concerns Under Guideline F
- Ongoing Alcohol Consumption as a Disqualifying Factor Under Guideline G
- Criminal Conduct Raising Doubts About Reliability Under Guideline J